Land And Conveyancing Law Reform Act 2009
Court order for sale.
94.— (1) This section applies to any action brought by a mortgagor for—
( a) redemption, or
( b) sale, or
( c) the raising and payment in any manner of the mortgage debt, or
( d) any combination of these in the alternative.
(2) In any action to which this section applies the court may, if it thinks fit, direct a sale of the mortgaged property on such terms as it thinks fit.
(3) Without prejudice to the generality of the court’s discretion under subsection (2) , it may—
( a) allow any time for redemption or payment of the mortgage debt,
( b) require lodgment in court of a sum to meet the expenses of a sale and to secure a performance of its terms,
( c) give directions as to costs and require the giving of security for costs,
( d) direct a sale without previously determining priorities of incumbrances,
( e) give the conduct of the sale to a particular party,
( f) make a vesting order conveying the mortgaged property to a purchaser or appoint a person to make such a conveyance.
(4) Except in the case of a housing loan mortgage, this section takes effect subject to the terms of the mortgage.