The equitable duty of a mortgagee exercising a power of sale and of receivers and managers is to act in good faith, not a duty to exercise reasonable care; the higher UK standard of reasonable care to obtain the best possible price has not been followed in Australia. Purported entry into possession of secured land under an invalid appointment of receivers constitutes a trespass. Relitigation of an issue previously determined against the same party on substantially the same evidence may constitute an abuse of process even where the opposing parties differ.
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