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The court dismissed an urgent motion for an injunction to halt a power of sale, finding the property was not unique and the balance of convenience favoured the mortgagees.
The defendant sought an urgent injunction to prevent the sale of a mortgaged property by the plaintiffs under a power of sale.
The defendant argued the property was unique, the notice of sale was deficient, and payments were not properly credited.
The court dismissed the motion, finding the property was not unique, the notice of sale was not void due to minor irregularities, and the balance of convenience favored the plaintiffs, who had a binding agreement of purchase and sale.
