Falk v Haugh

53 CLR 163
1935 - 0604A - HCA

Between: Falk
And: Haugh

Court:
High Court of Australia

Judges: Rich J
Starke J
Dixon J
Evatt J
McTiernan J

Subject References:
Mortgages and securities
Financial emergency
Foreclosure
Restriction of mortgagee's right
Interest paid
Mortgagee in possession
Receipt of rents
Right of mortgagor to an account

Legislative References:
Financial Emergency Act 1931 (Vic) No 3961 - s 28

Hearing date: Melbourne 5 May 1935; 9 May 1935
Judgment date: 4 June 1935

Sydney


ORDER

Appeal allowed.  Order of Mann J. set aside.  Matter remitted to the Supreme Court for rehearing.  Costs of first hearing to be in the discretion of the Supreme Court.  No order as to costs of the appeal.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.