Purchaser of guesthouse granted possession against occupants after rejection of constitutional challenge

The High Court: (a) dismissed a challenge to the constitutionality of sections of the Conveyancing Act 1881; and (b) granted possession of a sixteen-bedroom guesthouse and private residence, as against the occupants. The court found that the power of sale exercised by the mortgagee had been valid, and the subsequent transfer of the property to the purchaser was lawful. The occupants' claims of a right to reside, based on alleged agreements and payments, were dismissed due to lack of evidence and estoppel arising from prior litigation. The court also ruled that the mortgagee had no duty to act proportionately or to obtain the best price reasonably obtainable, as the sale was conducted in a commercially reasonable manner.