1. How is it that a purchaser of land held under the Real Property Act 1900 (NSW) can have an interest in that land before the transfer to that purchaser is registered? Explain that by reference to Real Property Act 1900 (NSW) s 41 and decided cases and other applicable principles of law and equity. (7 marks)
2. What actions can you as the relevant solicitor do to protect that purchaser before their transfer is registered? (3 marks)
3. What protections are extended to purchasers from mortgagees where the mortgagee has validly exercised a power of sale under Real Property Act 1900 (NSW) ss 57 and 58? (3 marks)
4. What are the most important duties of a mortgagee exercising a power of sale? Where are they set out and what examples can you give of what is likely to be a breach by a mortgagee of selling a property? (10 marks)
5. In what order must any surplus of proceeds arising from a mortgagee sale be distributed and what do you rely on in taking the view you do? (3 marks)