sec.100HEffect of court order

### sec.100H Effect of court order An order for the sale of relevant property made under section 100G — authorises the sale of the property free of all encumbrances affecting the property, other than the encumbrances the court preserves in its order; and has effect despite— any encumbrances affecting the property; or any Act, other than this Act. A person appointed by the court as the claimant’s agent has the power to convey the relevant property to a purchaser and to do all things necessary to effect the conveyance. Subsections (4) and (5) apply if the claimant sells the relevant property under a court order made under section 100G . On lodgement of the appropriate form under the Land Title Act 1994 , the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances other than those preserved in the relevant court order. On settlement, the claimant is to apply the sale proceeds in the following order— paying the sale costs and the claimant’s costs in seeking the order for sale; paying amounts to satisfy any registered encumbrances, including the charge registered under section 100B , in order of their priority under the Land Title Act 1994 ; paying the balance to the registered owner of the relevant property or to someone else at the owner’s direction. In this section— encumbrance , affecting relevant property, means— a mortgage, lien or charge over the property; or a caveat claiming an interest over the property by way of security; or a writ affecting the property. s 100H ins 2020 No. 24 s 75 (sec.100H-ssec.1) An order for the sale of relevant property made under section 100G — authorises the sale of the property free of all encumbrances affecting the property, other than the encumbrances the court preserves in its order; and has effect despite— any encumbrances affecting the property; or any Act, other than this Act. (sec.100H-ssec.2) A person appointed by the court as the claimant’s agent has the power to convey the relevant property to a purchaser and to do all things necessary to effect the conveyance. (sec.100H-ssec.3) Subsections (4) and (5) apply if the claimant sells the relevant property under a court order made under section 100G . (sec.100H-ssec.4) On lodgement of the appropriate form under the Land Title Act 1994 , the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances other than those preserved in the relevant court order. (sec.100H-ssec.5) On settlement, the claimant is to apply the sale proceeds in the following order— paying the sale costs and the claimant’s costs in seeking the order for sale; paying amounts to satisfy any registered encumbrances, including the charge registered under section 100B , in order of their priority under the Land Title Act 1994 ; paying the balance to the registered owner of the relevant property or to someone else at the owner’s direction. (sec.100H-ssec.6) In this section— encumbrance , affecting relevant property, means— a mortgage, lien or charge over the property; or a caveat claiming an interest over the property by way of security; or a writ affecting the property. - (a) authorises the sale of the property free of all encumbrances affecting the property, other than the encumbrances the court preserves in its order; and - (b) has effect despite— (i) any encumbrances affecting the property; or (ii) any Act, other than this Act. - (i) any encumbrances affecting the property; or - (ii) any Act, other than this Act. - (i) any encumbrances affecting the property; or - (ii) any Act, other than this Act. - (a) paying the sale costs and the claimant’s costs in seeking the order for sale; - (b) paying amounts to satisfy any registered encumbrances, including the charge registered under section 100B , in order of their priority under the Land Title Act 1994 ; - (c) paying the balance to the registered owner of the relevant property or to someone else at the owner’s direction. - (a) a mortgage, lien or charge over the property; or - (b) a caveat claiming an interest over the property by way of security; or - (c) a writ affecting the property.