Perpetual Trustee Company Ltd v Saunders

Perpetual Trustee Company Ltd, as the mortgagee, sought to enforce a power of sale over property belonging to Saunders. The dispute revolved around the validity of the mortgagee's power of sale, which was challenged by Saunders through the lodging of a caveat. The case was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether the defendant, Saunders, was entitled to lodge a caveat against the mortgagee's power of sale and whether there were defects in the default notice that invalidated the power of sale. Additionally, the court needed to determine if the defendant's application for an extension of time to raise these issues was justified.

The court found that the defendant had failed to raise the issues of the power of sale's validity and the defects in the default notice at the appropriate time, specifically at the hearing relating to the grant of the possession order. The court held that the defendant did not establish a serious question to be tried concerning the validity of the mortgagee's power of sale. Furthermore, the balance of convenience did not favour the extension of time sought by the defendant. Consequently, the defendant's application for an extension of time was refused.

The court's final orders were that the defendant's application for an extension of time was dismissed, and no extension was granted. The court maintained the original possession order, allowing the mortgagee to proceed with the sale of the property as planned.