Keogh v Registrar-General (NSW)

The case of *Keogh v Registrar-General (NSW)* involved a dispute over the sale of a station property in New South Wales. The property comprised lands under the *Real Property Act 1900* (NSW), lands held under common law titles, and lands held under Crown Lands Acts. The appellant, W. M. Keogh, sought to restrain the registration of a transfer of these lands following a sale by the mortgagee, Dalgety & Co. Ltd. The appeal was brought to the High Court from a decision of the Supreme Court of New South Wales.

The central legal issue before the court was whether the indentures of mortgage, which were executed by the appellant as the equitable owner, effectively granted a power of sale over the lands registered under the *Real Property Act 1900* (NSW), in addition to the other lands comprising the station. The appellant contended that as he was not the registered proprietor of the *Real Property Act* lands at the time of executing the mortgages, and as the statutory power of sale under the Act only arose upon registration of the mortgages, the indentures did not confer a valid power of sale over those specific lands.

The High Court, affirming the decision of the Supreme Court, held that the indentures of mortgage, by their express terms and the accompanying schedule, clearly intended to and did include all the lands comprising the "Warrana Station," including those registered under the *Real Property Act*. The court found that the appellant, as the equitable owner, had the capacity to grant a valid power of sale over his equitable interest in these lands, irrespective of their registration status under the *Real Property Act*. As the power of sale had been validly exercised by the mortgagee following the appellant's default, the appellant no longer possessed an interest in the lands that would entitle him to an injunction restraining the registration of the transfer. Consequently, the appeal was dismissed.