South Australian Consolidated Acts South Australian Consolidated Acts43—Realisation of equitable charges by the court
Where an order for sale is made by the court in reference to an equitable
mortgage on land the court may, in favour of a purchaser, make a vesting order
conveying the land or may appoint a person to convey the land, or may create
and vest in the mortgagee a legal estate in the land to enable him to carry
out the sale as the case requires, in like manner as if the mortgage had been
made by way of legal mortgage, but without prejudice to any incumbrance having
priority to the equitable mortgage unless the incumbrancer consents to the
sale.