Bank of Adelaide v Lorden

The Bank of Adelaide (the Bank) brought proceedings against Lorden seeking possession of certain land. The dispute concerned the Bank's right to recover possession of the land, which had been mortgaged to the Bank by Lorden. The case was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Bank was entitled to an order for possession of the mortgaged land. This involved determining the effect of certain provisions within the mortgage agreement and the relevant legislation governing mortgages and the recovery of possession by mortgagees.

The Court considered the terms of the mortgage deed and the provisions of the Real Property Act 1886 (SA). It was held that the mortgage, in accordance with its terms and the relevant statute, conferred upon the Bank a right to possession of the land upon default by the mortgagor. The Court found that Lorden had defaulted under the terms of the mortgage, thereby entitling the Bank to exercise its right to possession. The legal principle applied was that a mortgagee, upon default, is generally entitled to possession of the mortgaged property unless the mortgage deed or statute provides otherwise.

The High Court ordered that the appeal be dismissed and that the respondent (the Bank) be entitled to possession of the land.