› Consideration of the equity of redemption in the context of Torrens system land
› Consideration of when the equity subsists, is suspended, or is extinguished
› Requirements for redemption by mortgagor
› Equity of redemption suspended during period in which contract for sale is on foot
› Where completion of contract for sale is subject to a condition subsequent
Land Law
› Torrens title
› Exceptions to indefeasibility
› Fraud
› Whether purchaser a party to mortgagee’s fraud
› Purchaser’s participation in the failure of the mortgagee to inform the mortgagor of the chance to obtain an extra $4.25 million such that purchaser was relevantly a participant in fraud of mortgagee
Contracts
› Misleading conduct under s 18 of the ACL and s 12DA of the ASIC Act
› Misleading or deceptive conduct
› Silence
› Circumstances in which silence can constitute misleading or deceptive conduct
› Misleading or deceptive conduct found because the mortgagee had a general duty to exercise the power of sale in good faith, which imposed a positive duty to inform the mortgagor of the extra $4.25 million
› Whether purchaser has accessorial liability for involvement in such conduct
Contracts
› Unconscionable conduct under statute
› Failure of mortgagee to inform mortgagor of extra $4.25 million was unconscionable in the relevant sense, because in this respect the mortgagor was vulnerable and good conscience required disclosure
› Purchaser a person involved in such conduct for reasons equivalent to finding of participation in mortgagee’s fraud
Case Details
Citation[2019] NSWSC 1868
CourtNSWSC
JurisdictionNew South Wales
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