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Payment into a conveyancer’s trust account is security and does not discharge the purchaser absent a seller’s mandate.
* Sale of land – payment against transfer – security versus discharge of purchase price – payment into conveyancer’s trust account constitutes security unless seller mandates conveyancer as receipt agent.
* Agency – conveyancer’s authority – mandate must be found in deed of sale or pleaded and proved; absent mandate conveyancer acts as principal holding security.
* Civil procedure – motion proceedings – Plascon-Evans approach: where deed terms are common cause and no real factual dispute, applicant entitled to relief on motion.
* Remedies – purchaser held liable for unpaid balance; ancillary orders for cancellation, re-transfer, enforcement and set-off of recovered funds.
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