Trusts Act 2025
sec.164Persons who may apply for orders relating to interests in mortgaged property
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sec.164 Persons who may apply for orders relating to interests in mortgaged property
This section applies to an application to the court for an order under this Act in relation to an interest in any property subject to a mortgage. The application may be made by— a person who is beneficially interested in the property; or a person who is interested in the amount secured by the mortgage. Subsection (2) does not apply if another provision of this Act provides for the persons who may apply to the court in relation to the particular matter. (sec.164-ssec.1) This section applies to an application to the court for an order under this Act in relation to an interest in any property subject to a mortgage. (sec.164-ssec.2) The application may be made by— a person who is beneficially interested in the property; or a person who is interested in the amount secured by the mortgage. (sec.164-ssec.3) Subsection (2) does not apply if another provision of this Act provides for the persons who may apply to the court in relation to the particular matter.
- (a) a person who is beneficially interested in the property; or
- (b) a person who is interested in the amount secured by the mortgage.