The applicant mortgagor defaulted on its mortgage and the respondent mortgagee issued a Notice of Sale.
The applicant brought an urgent application seeking to set aside the Notice of Sale, arguing it contained errors regarding the principal amount, property description, and was unsigned, and sought an injunction to stop the pending sale.
The court dismissed the application, finding that under a standard of commercial reasonableness, the alleged errors did not cause prejudice or confusion to the applicant, who was aware of the property and the default.
The court also declined to grant an injunction for an alleged improvident realization, noting it was not ancillary relief and would require a trial.
