Clark v National Mutual Life Association of Australasia Ltd. - [1966] NZLR 196

Master and servant — Employer holding mortgage over employee's property — Mortgage falling due on mortgagor leaving mortgagee's employment — Employee dismissed and mortgage called up — Circumstances in which Court will act to restrain exercise of power of sale.

Property law — Mortgage — Power of sale — Whether Court has inherent jurisdiction to restrain oppressive exercise of mortgagee's power of sale — Mortgagor employed by mortgagee — Provision in mortgage entitling mortgagee to call up if mortgagor's employment terminated — Mortgagor dismissed by mortgagee — Mortgage called up — Circumstances in which Court will restrain exercise of power of sale.