Western Australian Current Acts Western Australian Current Acts (1) Where an order for
sale is made by the Court in reference to an equitable mortgage on land the
Court may, in favour of a purchaser, make a vesting order conveying the land
or may appoint a person to convey the land, or may create and vest in the
mortgagee a legal estate in the land to enable him to carry out the sale as
the case requires, in like manner as if the mortgage had been made by deed by
way of legal mortgage, but without prejudice to any encumbrance having
priority to the equitable mortgage unless the encumbrancee consents to the
sale.
(2) This section
applies to equitable mortgages made or arising before or after the coming into
operation of this Act.