ACTIn ForceAct
Land Titles Act 1925
133Mortgagee of leasehold interest of bankrupt may be
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133 Mortgagee of leasehold interest of bankrupt may be
entered as transferee of lease
(1) Upon the bankruptcy or insolvency of the registered proprietor of any
lease subject to mortgage under this Act, the registrar-general, upon
the application in writing of the mortgagee accompanied by a
statement in writing signed by the assignee or trustee of the bankrupt
or insolvent certifying his or her refusal to accept the lease, shall enter
in the register the particulars of the refusal, and the entry shall operate
as a foreclosure, and the interest of the bankrupt or insolvent in the
lease shall thereupon vest in the mortgagee.
Transmissions Part 14
(2) If the mortgagee neglects or declines to make the application
mentioned in subsection (1), the registrar-general, upon application
by the lessor, and proof of the neglect or refusal and of the matters
mentioned in subsection (1), shall enter in the register notice of the
neglect or refusal of the assignee or trustee to accept the lease, and
the entry shall operate as a surrender of the lease.