Fiji Islands - Court of Appeal Digest 1991-2000

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Fiji Islands - Court of Appeal Digest 1991-2000 - Miscellaneous: Mortgage

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Fiji Islands - Court of Appeal Digest 1991-2000 - Miscellaneous: Mortgage

FIJI COURT OF APPEAL

INDEX AND DIGEST

1991 – 2000

MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji

PARTIES

SUBJECT

DESCRIPTION

FCA

NO.

PAGE

NO.

British American Insurance v. Ambika Nand

MISCELLANEOUS: MORTGAGE

Whether mortgagee entitled to compound interest- a table mortgage does not imply entitlement to- no entitlement to interest following tender.

12/96

97/26

Shaukat Ali v. Abdul Razak

MISCELLANEOUS: MORTGAGE

Application for leave to call additional evidence on appeal dismissed- discussion of applicable principles- validity of mortgage upheld- whether compliance with Property Law Act, Section 86 required- appeal dismissed.

33/98

99/482

The Attorney-General v. Toga Brown

MISCELLANEOUS: MORTGAGE

Mortgage for residential purposes- application for exemption from duty in respect of further advances- whether variation of mortgage required to be executed when application for exemption to be made- appeal allowed.

41/00

00/359

Westpac Banking Corp. Ltd v. Adi Mahesh Prasad

MISCELLANEOUS: MORTGAGE

It is generally inappropriate to apply for an injunction to restrain a mortgagee sale ex parte but if granted, the injunction proceedings should be adjourned for no more than “a day or so” for continuation inter partes- discussion of applicable principles.

27/97

99/1

Westpac Banking Corporation v Fiji Forest Sawmilling Ltd

MISCELLANEOUS: MORTGAGE

Whether mortgagee entitled to retain surplus from sale of mortgaged property and proceeds of a fire policy for application in payment of legal costs incurred in defending an action brought against it by the mortgagor- Property Law Act (Cap 130) Sections 68, 72(1), 81. "due and owing" means "presently due and owing".

45/96

98/405

© Michael Dishington Scott 2000

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FIJI COURT OF APPEAL INDEX AND DIGEST 1991 – 2000 MICHAEL DISHINGTON SCOTT B.A. (Lond.) Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES	SUBJECT	DESCRIPTION	FCA NO.	PAGE NO.

British American Insurance v. Ambika Nand	MISCELLANEOUS: MORTGAGE	Whether mortgagee entitled to compound interest- a table mortgage does not imply entitlement to- no entitlement to interest following tender.	12/96	97/26

Shaukat Ali v. Abdul Razak	MISCELLANEOUS: MORTGAGE	Application for leave to call additional evidence on appeal dismissed- discussion of applicable principles- validity of mortgage upheld- whether compliance with Property Law Act, Section 86 required- appeal dismissed.	33/98	99/482

The Attorney-General v. Toga Brown	MISCELLANEOUS: MORTGAGE	Mortgage for residential purposes- application for exemption from duty in respect of further advances- whether variation of mortgage required to be executed when application for exemption to be made- appeal allowed.	41/00	00/359

Westpac Banking Corp. Ltd v. Adi Mahesh Prasad	MISCELLANEOUS: MORTGAGE	It is generally inappropriate to apply for an injunction to restrain a mortgagee sale ex parte but if granted, the injunction proceedings should be adjourned for no more than “a day or so” for continuation inter partes- discussion of applicable principles.	27/97	99/1

Westpac Banking Corporation v Fiji Forest Sawmilling Ltd	MISCELLANEOUS: MORTGAGE	Whether mortgagee entitled to retain surplus from sale of mortgaged property and proceeds of a fire policy for application in payment of legal costs incurred in defending an action brought against it by the mortgagor- Property Law Act (Cap 130) Sections 68, 72(1), 81. "due and owing" means "presently due and owing".	45/96	98/405