The Court summarily enforced a deed of settlement under the Roberts jurisdiction, ordering the defendant to pay the outstanding balance of $328,705.68 and granting possession of four titles comprising the mortgaged property, stayed until 14 February 2026. The Court held that part-payments made by bank transfer rather than PEXA did not assist the defendant, as NAB had waived strict compliance with the payment method, and in any event non-compliance would only have increased the extent of default. The Court confirmed that a mortgagee's obligation to act in good faith under s 77(1) of the Transfer of Land Act 1958 (Vic) constrains how it exercises its power of sale across multiple lots but does not preclude an order for possession of all secured titles where the deed expressly contemplated that consequence upon default.
The full text is available to signed-in members.