Where declaratory relief is granted establishing an equitable mortgage over property that has been sold, and the proceeds are held by a non-party statutory trustee, the court cannot direct the trustee but may declare the successful party's entitlement with liberty to apply for orders against the trustee on notice. Statutory interest under ss 58 and 59 of the Civil Proceedings Act 2011 (Qld) is not available on declaratory relief as it applies only to proceedings for money.
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