International law and mortgagee sales - continued

Abstract

The Court of Appeal for Victoria has recently decided in Nolan v MBF Investments that human rights law does not apply to mortgagees’ sales. This article examines the court’s reasons for so deciding and finds them deficient, because human rights do sometimes apply in the private law; but their conclusion is ultimately correct, as this is one of the instances in which such rights would not be appropriately applied to private parties.