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- Heading
- Mr Simon Gleeson
- The Facts
- The Principles Applicable to a Summary Judgment Application
- Did Niven Ever Have the Rights it Purported to Exercise?
- Was the Benefit of the Guarantee and Debenture Assigned to Niven?
- Were the Information Obligations confined to certain specific types of assets?
- Was there in fact an Event of Default?
- Did the Chargee exercise his Powers under the Charge Reasonably and for a Proper Purpose?
- Was the power used for an improper purpose?
- Was there an implied “Braganza” term requiring good faith
- Estoppel
- Conclusions