South Australian Current Acts South Australian Current Acts49—Conveyance on sale
(1) A mortgagee
exercising the power of sale conferred by this Act shall have power to convey
or to transfer, as the case may be, the property sold, for such estate and
interest therein as he is by this Act authorised to sell or convey, or as may
be the subject of the mortgage, freed from all estates, interests, and rights
to which the mortgage has priority, but subject to all estates, interests, and
rights which have priority to the mortgage.
(2) Where a conveyance
or transfer is made in exercise of the power of sale conferred by this Act,
the title of the purchaser shall not be impeachable on the ground—
(a) that
no case had arisen to authorise the sale; or
(b) that
due notice was not given; or
(c) that
permission of the court, when so required, was not obtained; or
(d) that
the power was otherwise improperly or irregularly exercised;
and a purchaser shall not, either before or on conveyance or transfer, be
concerned to see or inquire whether a case has arisen to authorise the sale,
or due notice has been given, or the power is otherwise properly and regularly
exercised; but any person damnified by an unauthorised, or improper, or
irregular exercise of the power shall have his remedy in damages against the
person exercising the power.
(3) A conveyance or
transfer on sale by a mortgagee shall be deemed to have been made in exercise
of the power of sale conferred by this Act or by the
Real Property Act 1886 unless a contrary intention appears.