Vista Capital v Hussain [2007] NSWSC 344

This case before Justice Studdert involved a very poorly drafted mortgage. It had no “all monies clause” but it also failed to specify the loan that it secured. The Court determined that the parties intended the loans to be secured by the mortgage because they referred to the security. Moreover because the loan and the mortgages were executed contemporaneously it was appropriate to read them together. On this point the Court followed Nunn v Wily [2001] NSWSC 317. His Honour also made play of the clause int he mortgage acknowledging it had been given for valuable consideration.

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