Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 81

81 Actions for possession by mortgagors

(1) A mortgagor for the time being entitled to the possession or receipt of the rents and profits of any land, as to which the mortgagee has not given notice of the mortgagee’s intention to take possession or to enter into the receipt of the rents and profits of the land, may sue for such possession, or for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative to the land, in the mortgagor’s own name only, unless the cause of action arises upon a lease or other contract made by the mortgagor jointly with any other person.

(2) This section does not prejudice the power of a mortgagor independently of this section to take proceedings in the mortgagor’s own name only, either in right of any legal estate vested in the mortgagor or otherwise.

(3) This section applies whether the mortgage was made before or after the commencement of this Act.