A mortgagee exercising its power of sale under s.77(1) TLA must have regard not only to the mortgagor's interest in obtaining the best price for the property, but also to the mortgagor's interest in retaining occupation of a dwelling house on the mortgaged land. Where the mortgage debt can be discharged by selling only part of the mortgaged property, the mortgagee may breach its statutory duty by selling the mortgagor's home unnecessarily. The right to occupy one's home is a fundamental right recognised in international law and protected by the principle of legality. The equitable remedy of account on a wilful default basis is available for such breaches, not only where the mortgagee sold at an undervalue.
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