Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 97

97 .         Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply

                Upon the bankruptcy of the proprietor of any lease made under this Act subject to one mortgage only or to several mortgages if owned by the same person the Registrar on the application in writing of the mortgagee or his transferees accompanied by a statement signed by the trustee or official assignee of such bankrupt refusing to accept such lease shall enter in the Register a note of such refusal; and such entry shall operate as a foreclosure and as a transfer of the interest of the bankrupt in such lease to the mortgagee or his transferees; and if he or they shall neglect or refuse to make such application as aforesaid within 21 days after notice in writing in that behalf from the lessor or his transferees shall have been served on the mortgagee or his transferees the Registrar on the application in writing of the lessor or his transferees to be registered as surrenderee or surrenderees of the lease accompanied by such a statement as aforesaid and proof of such neglect or refusal shall enter in the Register notice of such statement and of such neglect or refusal; and such entry shall operate as a surrender of such lease discharged from the mortgage or several mortgages aforesaid but without prejudice to any action or cause of action which shall previously have been commenced or have accrued in respect of any breach or non-observance of any covenant expressed in the lease or by this Act or by any Act hereby repealed declared to be implied therein.

        [Section 97 amended: No. 81 of 1996 s. 62 and 145(1).]