27 Sept 2006
SON AND KIM V KO AND ORS HC AK CIV-2006-404-2925
- Citation
- openlaw-a5fa7b61_135e_4934_91c1_26de9d4d1f26.pdf
- Court
- High Court
Mortgagee's valid exercise of power of sale under a prior registered mortgage transferred the mortgagor's estate to the purchasers free of the defendants' alleged unregistered lease; there was no evidence the mortgagee consented to subordinate the title, purchasers' knowledge did not constitute Land Transfer fraud, and no basis existed for imposing a constructive trust or denying possession; therefore plaintiffs entitled to immediate vacant possession.