Serobian v CBA [2009] NSWSC 1312

This involved a woman who had already lost separate proceedings for possession seeking an injunction against the CBA selling her property. The basis for the injunction was a vague allegation of fraud against the bank. The judge refused the injunction noting:

The High Court in Inglis v Commonwealth Bank of Australia (1971) 126 CLR 161 has held that a mortgagor in default seeking the assistance of a Court of Equity to restrain a mortgagee from exercising a power of sale, over a security must tender or pay into Court the funds owed.

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