New South Wales Consolidated Acts
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CONVEYANCING ACT 1919 - SECT 109A
Saving on severance of fixtures
109A Saving on severance of fixtures
(1) An instrument creating a mortgage or a charge which confers on the
mortgagee or chargee a power to sever and sell fixtures apart from the balance
of the mortgaged or charged property, shall not be, and shall be deemed never
to have been, merely because of such power-- (a) a bill of sale, or
(b)
subject to avoidance or invalidity under the Bills of Sale Act of 1898 , or
under the Companies (Registration of Securities) Act 1918 , or under Part 9 of
the Companies Act 1936 , or under Division 7 of Part 4 of the Companies Act
1961 , or under Division 9 of Part IV of the Companies (New South Wales) Code
, or under Chapter 2K of the Corporations Act 2001 of the Commonwealth, by
reason of the instrument not having been filed or registered under the
provisions of any such Act or Code.
(2) This section applies to mortgages and
charges under the Real Property Act 1900 .
(3) This section applies to
mortgages and incumbrances made either before or after the commencement of the
Conveyancing (Amendment) Act 1939 .
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