Barrett v Barrett [2001] NSWSC 877

Barrett v Barrett [2001] NSWSC 877

The bank is empowered by the irrevocable power of attorney clause in the mortgage to execute a mortgage over the closed Crown road acquired by the mortgagor, and the Registrar-General should register the document to enable sale of the whole parcel.

Jurisdiction
Australia
Judgment Date
17 September 2001
Procedural Posture
Cross Claim / Final Judgment
Outcome
orders granted
Legal Topics
['mortgages' 'powers of Attorney' 'registration of Security Interests' 'protected Estates']
['equity' 'property Law'] ['mortgages' 'powers of Attorney' 'registration of Security Interests' 'protected Estates']

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Procedural Posture

Cross Claim / Final Judgment

Legal Issues

  1. 1 ['Whether the bank can execute a mortgage over the former Crown road acquired by the mortgagor' "Effect of mortgagor's incapacity on exercise of power of attorney by mortgagee" "Court's powers regarding registration of mortgage under Real Property Act"]

Ratio Decidendi

The bank is empowered by the irrevocable power of attorney clause in the mortgage to execute a mortgage over the closed Crown road acquired by the mortgagor, and the Registrar-General should register the document to enable sale of the whole parcel.

Court Disposition

orders granted

Orders

  • ['Orders 5, 7A, 7B, and 8 in the amended notice of motion of 14 September 2001 are made.' 'Costs will be part of the mortgagee’s charge.' 'Liberty to apply.']