LLB301 Exam feedback 2021 The exam was done well by a majority of students. The overall marks for this unit were higher on average than in previous years. Question 1a This answer required students go through the preconditions for exercising a power of sale under s84 Property Law Act. There was an obvious problem in relation to this, as only 7 days were given in the notice. Also, there may have been a problem with the service, given Sarah and Jason had told the bank that they were in hospital. Students then needed to explain what was necessary in order for Sarah and Jane to get an injunction to stop the sale, noting the general rule that money ought to be paid into court would not apply here, as they can successfully claim that the power of sale is not currently available to the bank. Students generally did well applying s84. Most marks were lost in discussing what was required for the injunction. Question 1b Students needed to discuss the mortgagee's duty under s85 Property Law Act as well as the general law duty to act in good faith, noting the uncertainty in Queensland case law as to whether that general law duty persists. It also should have been noted that as a 'prescribed mortgage', the more prescriptive requirements of s85(1A) also applied. Here, there were obvious problems with respect to advertising, valuation, maintenance of the property, as well as the relationship to the buyer that needed to be discussed. For all of these reasons, it was very clear that both duties had been breached. Then remedies needed to be discussed. It should have been noted that s85 only provides the remedy of damages, being the difference between market value and what the property was actually sold for. In order to get the sale set aside, a breach of the general law duty must be successfully claimed. As above, this requires the remedy of an injunction, which generally requires money to be paid into court. Also, as well as Sarah and Jason's interests, the court would be obliged to weigh Daniel's interest as the purchaser also. However, it seems likely that Sarah and Jason's interest would prevail over Daniel's given his probable knowledge of at least some of the facts that amount to the breach of duty. Many students lost some marks by not clearly distinguishing between the two sources of duty held by the mortgagee, and by not fully describing the situation in relation to the injunction. Question 2a Here, the bank has a registered mortgage, and so has an indefeasible interest, unless an exception to indefeasibility applies. The only exception that could apply (other than fraud or in personam) is the 'careless mortgagee exception': s184(1A) LTA. This will apply if a) the bank failed to comply with s11A(2), which requires 'reasonable steps' taken to ensure the mortgagor is creating the instrument, and b) the person who created the instrument (Karen) was not the registered proprietor. B) is obviously