Holders of equitable interests in Torrens title land acquired prior to the registration of a writ for levy of property retain priority over judgment creditors and may obtain injunctive relief restraining a Sheriff's sale during the protected period. The 1976 amendments to the Real Property Act 1900 (NSW) confer indefeasibility on a Sheriff's purchaser only upon registration of the transfer, and do not prevent equitable interest holders from protecting their interests before that point. 'Title' in s 112(2) of the Civil Procedure Act 2005 (NSW) includes unregistered equitable interests. However, [name withheld]'s dissent raises a substantial contrary argument that the purchasers' interest was defeasible during the protected period, and the question may not be finally settled until considered by the High Court.
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