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High Court (Dunne J) holds that the repeal of section 62(7) of the Registration of Title Act 1964 precluded lenders from seeking to recover possession of mortgaged registered property, unless they had made a demand for the repayment of the principal moneys prior to 1 December 2009 (being the date of repeal).
Mortgages - registered land - recovery of possession - repeal of s. 62(7), Registration of Title Act 1964 - Land and Conveyancing Law Reform Act 2009 - s 27, Interpretation Act - whether a right acquired under an enactment might continue, notwithstanding the repeal of the relevant section - entitlement of mortgagee to possession - whether court had discretion to refuse possession - whether right had become vested by date of repeal - date upon which lender acquired right to apply for order of possession - whether demand made.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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