Section 109A — Conveyancing Act 1919 (NSW)

(1) An instrument creating a mortgage or a charge which confers on the mortgagee or chargee a power to sever and sell fixtures apart from the balance of the mortgaged or charged property, shall not be, and shall be deemed never to have been, merely because of such power—
(a) a bill of sale, or
(b) subject to avoidance or invalidity under the Bills of Sale Act of 1898, or under the Companies (Registration of Securities) Act 1918, or under Part 9 of the Companies Act 1936, or under Division 7 of Part 4 of the Companies Act 1961, or under Division 9 of Part IV of the Companies (New South Wales) Code, or under Chapter 2K of the Corporations Act 2001 of the Commonwealth, by reason of the instrument not having been filed or registered under the provisions of any such Act or Code.
(2) This section applies to mortgages and charges under the Real Property Act 1900.
(3) This section applies to mortgages and incumbrances made either before or after the commencement of the Conveyancing (Amendment) Act 1939.

Related sections

• s 107 — Acceptance of certain surrenders of leases
• s 108 — Application of Division 3
• s 109 — Powers of mortgagees and certain chargees
• s 110 — Powers incidental to power of sale
• s 111 — Regulation of exercise of power of sale
• s 111A — Duties of mortgagees and chargees in respect of sale price of land

Research how courts apply s 109A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.