A mortgage executed by a minor and registered under the Transfer of Land Act 1958 (Vic) confers an indefeasible interest on the mortgagee notwithstanding that the mortgage is void as against the minor under s.49 of the Supreme Court Act 1986 (Vic). Section 49 does not give rise to a personal equity or right in personam capable of defeating the registered title. The two statutes are not inconsistent because they deal with different subject matters — contracts and registration of title respectively. Where a mortgage is void, the lender of purchase money is entitled by subrogation to the unpaid vendor's lien. The question whether registration exposes a minor to personal liability on mortgage covenants was left open.
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