A s 57(2)(b) default notice is not invalidated by an overstatement of the amount due where the mortgagor had knowledge of the true amount owing and a reasonable opportunity to comply. A mortgage clause that dispenses with statutory notice requirements 'unless by law those rights cannot be negated' constitutes an effective dispensing agreement under s 58A(1) of the Real Property Act 1900 (NSW), because the s 57(2)(b) notice requirement can be negated by agreement. A third party's equitable interest as purchaser under a contract for sale does not provide a basis to set aside a default judgment for possession obtained by the mortgagee.
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