Kendle v Melson

JurisdictionAustralia Federal only
Neutral Citation[1998] HCA 13,1998-0225 HCA B
Date1998
CourtHigh Court
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10 cases
  • Silven Properties Ltd v Royal Bank of Scotland Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 October 2003
    ...He is entitled to remain totally passive. If the mortgagee takes possession, he becomes the manager of the charged property: see Kendle v. Melsom [1998] 139 CLR 46 at 64 (High Court of Australia). He thereby assumes a duty to take reasonable care of the property secured: see Downsview Nomin......
  • Williams v Commonwealth of Australia
    • Australia
    • High Court
    • 20 June 2012
    ...in Finn (ed), Essays on Contract, (1987) 233 at 245. 190 Sykes v Cleary (1992) 176 CLR 77 at 96–97; [1992] HCA 60; Kendle v Melsom (1998) 193 CLR 46 at 60–61 [32]–[33]; [1998] HCA 13. See also Edwards v Clinch [1982] AC 845 at 860, 864–867, 191 Kruger v The Commonwealth (1997) 190 CLR 1 at......
  • Ken Fennell (as Receiver of Certain Assets of Hugh Corrigan) v Hugh Corrigan
    • Ireland
    • Court of Appeal (Ireland)
    • 5 October 2021
    ...the approach adopted to the construction of deeds of appointment of receivers in other jurisdictions (see, for example, Kendle v. Melsom [1998] HCA 13, (1998) 193 CLR 46 at para. 12 per Brennan CJ and McHugh J and para. 55 per Hayne 35 . It is clear from the deed of appointment in issue her......
  • Syncap Management (Rural) Australia Ltd v Lyford
    • Australia
    • Federal Court
    • Invalid date
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2 books & journal articles

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