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Reconsidering the scope of the equitable mortgage arising from deposit of title documents Hepburn, Samantha 2006, Reconsidering the scope of the equitable mortgage arising from deposit of title documents, Australian law journal, vol. 80, no. 2, pp. 121-130. Attached Files Name Description MIMEType Size Downloads Title Reconsidering the scope of the equitable mortgage arising from deposit of title documents Author(s) Hepburn, Samantha Journal name Australian law journal Volume number 80 Issue number 2 Start page 121 End page 130 Publisher Lawbook Co Place of publication Sydney, N.S.W. Publication date 2006-02-02 ISSN 0004-9611 Summary This article examines the underlying fairness of applying equitable security presumptions to the deposit of title documents belonging to third parties. It argues that within such transactions, the focus of the equitable jurisdiction must be upon the intention of the owner of the title documents rather than presumptions arising from the fact of the deposit. It suggests that there is no logic in applying equitable presumptions, founded on the principles of part performance, to infer a security intention in transactions involving third party title documents. The fact that the parties to a loan advance may have intended to create a mortgage between themselves does not mean that the third party owner of the title documents also intended to create a mortgage. In third party transactions, the objectives of the equity jurisdiction are best achieved through a comprehensive assessment of the intention of all parties and the abolition of presumptions based upon the bare fact of title deposit. Language eng Field of Research 180124 Property Law (excl Intellectual Property Law) HERDC Research category C1 Refereed article in a scholarly journal Copyright notice ©2006, Lawbook co. Persistent URL http://hdl.handle.net/10536/DRO/DU:30003574 Document type: Journal Article Collection: School of Law Related Links Link Description Connected to published version (restricted access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Wed, 28 Jan 2009, 15:23:37 EST Thu, 19 Mar 2009, 09:33:20 EST Tue, 09 Jun 2009, 16:02:55 EST Filtered Full Access Statistics: 621 Abstract Views, 0 File Downloads  -  Detailed Statistics Created: Mon, 07 Jul 2008, 08:57:02 EST

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