A forbearance to require payment of money owing under s 206(a)(iii) of the Duties Act 1997 (NSW) does not constitute an 'advance' for mortgage duty purposes unless the forbearance results in the actual or constructive provision or obtaining of funds by way of financial accommodation. Mere extension of a payment date for a purchase price (as distinct from a loan repayment) does not involve the provision or obtaining of funds. Where the original transaction secured by a charge was a deferred purchase price arrangement rather than a loan, successive extensions of the payment date do not give rise to additional mortgage duty.
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