Section 45 — Limitation Act 1969 (NSW)

Power of sale etc

A mortgagee shall not, after the date on which an action on a cause of action to recover principal money secured by the mortgage within the meaning of section 42 by the mortgagee against any person is barred by this Act, exercise, as against that person or a person claiming through the person, a power—
(a) of sale lease or other disposition or realization of the mortgaged property,
(b) to appoint a receiver, or
(c) otherwise affecting the mortgaged property.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 42 — Action for principal, possession or foreclosure
s 43 — Action for interest
s 44 — Adjustment of interest
s 46 — Mortgage of ship
s 47 — Fraud and conversion; trust property
s 48 — Breach of trust

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