Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 601

Application for delivery of possession
(1)  An application by a mortgagee under section 146(1) of the Land Titles Act 1980 for delivery of possession by a mortgagor is to –
(a) include a schedule setting out so much of the following information as is known and applicable:
(i) the address of the relevant land;
(ii) the title reference of that land;
(iii) the date of, parties to, and registered number of, the mortgage;
(iv) the amount claimed to be due under the mortgage and particulars of how that amount is calculated;
(v) the daily amount of interest accruing under the mortgage;
(vi) the costs of the application as set out in Part 5 of Schedule 1 ; and
(b) be supported by an affidavit.
(2)  The affidavit is to –
(a) show the circumstances under which the right to possession arises; and
(b) give particulars, to the best of the mortgagee's knowledge, of every person in possession of the mortgaged property; and
(c) if the mortgage or charge creates a tenancy other than a tenancy at will between the mortgagee and mortgagor, show –
(i) how and when the tenancy was determined; and
(ii) in the case of a determination by service of notice, when the notice was served; and
(d) have as an exhibit a copy of the mortgage or charge.
(3)  .  .  .  .  .  .  .  .  



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