Robert Hay KC Blog

Some of you have suggested that this blog has been too quiet of late. There has been a good reason for that – I have been busy finishing the  The Mortgagee’s Power of Sale.   Clyde Croft (now The Honourable Justice Croft) wrote the first edition, was co-author of the second edition and is co-author of the 3rd edition. The Mortgagee’s Power of Sale will provide an up-to-date,  practical guide to the steps that a mortgagee must take to obtain possession of and sell land and a detailed analysis of a mortgagee’s duty in selling land. Registered and unregistered mortgages are considered together with the different issues that arise when considering Torrens system and general land. There is also a comprehensive discussion about a mortgagor’s rights including the lodging of caveats and obtaining an injunction t0 prevent a sale. While maintaining its practical emphasis the book considers recent significant decisions such as Bofinger  v Kingsway Group, MBF v Nolan Ltd and Residential Housing Corporation v Esber.   The book is likely to  be published in late November.