A notice of discontinuance filed by the liquidator of some but not all appellants in a single appeal is ineffective without the consent of the remaining appellants under r 12.1 UCPR. A mortgagee exercising power of sale over corporate property must meet the standard of reasonable care under s 420A of the Corporations Act 2001 (Cth), not merely good faith. Advertising a property as a 'mortgagee in possession' sale does not of itself establish breach of that duty. A trust has no separate legal personality from its trustee, and a registered mortgage by a trustee company that does not disclose the trustee capacity is valid and enforceable.
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