A mortgagor's claims that a mortgagee frustrated the sale of mortgaged property, even if provable, do not provide a defence to the mortgagee's claim for recovery of possession under s 78(2) of the Land Title Act 1994 (Qld); at best such claims may give rise to a counterclaim for damages or compensation. The Inglis principle requiring payment of the mortgage debt or payment into court to restrain exercise of the power of sale applies where the only dispute is about the amount due, not the existence or exercisability of the power of sale.
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