Equitable mortgage by deposit of a Certificate of Title

Dixon, William M. (2005) Equitable mortgage by deposit of a Certificate of Title. The Queensland Lawyer, 26(3), pp. 117-118.

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In Theodore v Mistford Pty Ltd [2005] HCA 45, the High Court considered certain principles governing the creation of an equitable mortgage by the deposit of a title deed as first developed by the English courts of equity with respect to old system conveyancing. The decision will be of interest to Queensland practitioners as it concerned the application of these equitable principles to Torrens land regulated by the provisions of the Land Title Act 1994 (Qld) and, in particular, the operation of s 75 of the Land Title Act 1994 (Qld) which provides:

(i) An equitable mortgage of a lot may be created by leaving a certificate of title with the    mortgagee
(ii) Subsection (1) does not affect the ways in which an equitable mortgage may be  created.

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ID Code: 42426
Item Type: Journal Article
Refereed: Yes
Keywords: equitable mortgage , title deed, Land Title Act 1994 (Qld) , s 75 of the Land Title Act 1994 (Qld)
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 Lawbook Company
Deposited On: 05 Jul 2011 22:45
Last Modified: 07 Jul 2011 09:37

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