4 walsh j said that even if mortgagor was treated as

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4. Walsh J said that even if mortgagor was treated as having an equitable interest, he would still win because no postponing conduct. 5. B was granted injunction to restrain completion of the sale. Pre-registration situation 1. The authorities are inconsistent as to how to classify mortgagor’s interest for purpose of priority dispute: 2. Mere equity but not proprietary (Swanston) 3. Proprietary equity (Latec) 4. Full equitable interest (Forsyth, Breskvar) 5. Legal interest as RP 6. These inconsistencies can’t be resolved. A statutory priority rule for unregistered interests? 1. Land Titles Act (Singapore), s 49(1). ‘Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act shall give that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.’ 2. Would this be preferable to the Australian approach to priority of unregistered interests? 47
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