Equitable mortgage: Can a lender rely on the certificate of title as security for a loan even though a borrower fails to sign any loan agreement?
Hatala v Graglee Pastoral Company Pty Ltd  NSWSC 155 provides insight into this.
The Supreme Court of New South Wales dismisses an application by a creditor to remove the liquidators of a company. The liquidators had refused to conduct a public examination of the company’s director.
The Court held that they had reasonably formed the view that they should not conduct the examination.