A dispute as to whether a mortgagee is contractually precluded from exercising its power of sale by reason of a settlement agreement does not fall within the recognised exceptions to the Inglis rule requiring payment of the mortgage debt into court as a condition of restraining the power of sale. The exceptions are confined to cases where the validity of the mortgage, the breach giving rise to the notice, or the validity of the notice is in issue, or where the power of sale is being exercised for an improper purpose. Impecuniosity alone does not constitute an exceptional circumstance dispensing with the usual undertaking as to damages.
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