Jackson v National Australia Bank Limited

[2025] WASCA 80

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Dismissal of appeal
3. › No reasonable prospect of success
4. › Whether appeal should be dismissed on basis of none of the grounds having a reasonable prospect of succeeding
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(f), r 43(2)(g)(i)
1. Real Property
2. › Mortgages
3. › Mortgage recovery action
4. › Summary judgment
5. › Validity and registration of mortgage
6. › Whether mortgage validly registered under Transfer of Land Act 1893 (WA)
7. › Whether differences between copies of mortgage document affected validity
8. › Transfer of Land Act 1893 (WA), ss 58, 105
1. Real Property
2. › Transfer of Land Act 1893 (WA)
3. › Registration of instruments
4. › Whether loan agreement required registration under s 58
5. › Section 58 confined to instruments passing estate or interest in land or rendering land liable to mortgage or charge

Quick Take

Section 58 of the Transfer of Land Act 1893 (WA) applies only to instruments that pass an estate or interest in land or render land liable to a mortgage or charge; a loan agreement that does neither is not required to be registered under the TLA to be effectual.