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Bofinger v Kingsway Group Limited [2009] HCA 44

Bofinger’s decision by the High Court allowed the guarantors to claim equitable compensation from the first mortgagee and in so doing placed them ahead of the second and third mortgagees. Potentially it raises the need for standard guarantees to be amended to reflect the decision.

Brisbane Barrister – David Cormack

This entry was posted Sunday, October 18th, 2009 at 11:01 pm and is filed under Banking and Finance. Both comments and pings are currently closed.

One Response to “Bofinger v Kingsway Group Limited [2009] HCA 44”

  1. Mortgagee loses priority to guarantor – drafting of guarantees not wide enough to help it » Barrister Direct - David Cormack, Brisbane Says:
    November 2nd, 2009 at 2:25 pm

    [...] to the posting on 18 October in respect of Bofinger v Kingsway Group Limited [2009] HCA 44 Partner Diccon Loxton of Allens Arthur Robinson explores the decision at length and concludes in [...]

David Cormack, Barrister
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