In a recent ruling, the Supreme Court of Queensland dismissed an application for the removal of caveats over a number of properties.
In DT & MF Holdings v Ascendia Accountants , the Applicants needed to establish that there existed no serious question to be tried. All attempts to do this failed.
Can a lender enforce its rights with an unregistered mortgage?
Let’s look at a scenario. A lender enters into a loan agreement which confers the right to register a mortgage, but only upon default. The borrower defaults but the mortgage is not registered. May the lender enforce the mortgage before registration?
Equitable mortgage: Can a lender rely on the certificate of title as security for a loan even though a borrower fails to sign any loan agreement?
Hatala v Graglee Pastoral Company Pty Ltd  NSWSC 155 provides insight into this.