The Court directed under s 424 of the Corporations Act that receivers and managers were justified in causing settlement of a sale contract in the name of a company in liquidation, and justified in commencing proceedings under s 55(2) of the Property Law Act 1969 (WA) and s 200 of the Transfer of Land Act 1893 (WA) to facilitate removal of a mortgage registered in the name of a deregistered mortgagee. However, the Court held it had no power to grant substantive relief under the PLA or TLA on a corporations originating process filed under the Supreme Court (Corporations) (WA) Rules 2004, requiring fresh proceedings to be commenced for that relief. The question of whether a receiver's exercise of powers constitutes 'recovery' of land under s 200 of the TLA was left expressly unresolved.
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