A guarantee signed by a party who was subsequently made bankrupt contained the following charging clause: The Guarantor will grant to GE a legal mortgage in registrable form (containing such terms and conditions as GE may require) of any land held by the guarantor now or in the future, which mortgage must secure the amount …
GE Commercial v Bankrupt Estate of Lymn [2012] NSWSC 562 Read More »
The court ordered Carter to execute a mortgage over his property (pursuant to a perfection clause) but he fled overseas. The Court therefore ordered the Registrar General to do it noting: Non-compliance with an order directing a person to execute a document is a precondition to the making of an order authorising the Registrar to …
GE sought to enforce a clause in a guarantee worded as follows: The guarantor shall grant to GE a legal mortgage in registrable form of any land held by the guarantor now or in the future, which mortgage must secure the amounts referred to in clause 7.1(a); Sadly for GE there was no clause 7.1(a) …
GE Commercial Corporation v L&B Enterprises [2009] NSWSC 770 Read More »
