Who will win in priority dispute between a mortgagee and a tenant (Part 4)?

  • Author : Bill Stark - 18-03-2017

Readers will be familiar with a series of 3 posts I wrote about priority disputes between a registered mortgagee and a tenant.

To refresh your memory, the posts can be read here:http://bit.ly/2ntwt5Thttp://bit.ly/2n4DMQP, andhttp://bit.ly/2n4DHwv

Despite the lack of success in these cases by tenants, that has not stopped tenants from trying to restrain a mortgagee from exercising its rights to possession of the mortgaged property after the borrower/landlord

The registered proprietor and the previous registered proprietor of the property at 349 Nepean Highway, Brighton East, Victoria (

About the Author

Bill Stark

Recent Posts

Can parties to a mortgage agree to contract out of the statute of limitations?

Bill Stark Date: 02-09-2021

Who is responsible when external cladding fails in an apartment tower during a fire - Court of appeal?

Bill Stark Date: 04-06-2021

Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?

Bill Stark Date: 03-06-2021

Can I enforce an unregistered restrictive covenant?

Bill Stark Date: 08-02-2021

How far above ground level can an owner of land enforce their rights of ownership?

Bill Stark Date: 06-10-2020

Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up

Bill Stark Date: 25-09-2020