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The High Court refused to strike out the borrower's proceedings challenging the appointment of receivers to a large property portfolio, finding that while the borrower's case is very weak, it is not so weak as to amount to an abuse of process. However, the court granted the lender's application to vacate the lis pendens registered by the borrower, concluding that proceedings contesting a receiver's authority do not involve a claim to an interest in land and therefore cannot validly support a lis pendens. The judgment turns on the interpretation of the relevant statutory provision concerning registration of lis pendens, with the court preferring a narrow interpretation that distinguishes between a receiver's contractual power to sell property and a direct proprietary interest. The decision carries significant practical implications for litigation strategy in property and receivership disputes.
lis pendens – receiver appointment – vacation of lis pendens – strike out application – interest in land – abuse of process – secured property sale – commercial property portfolio – Land and Conveyancing Law Reform Act 2009 – Rules of the Superior Courts (RSC) – interpretation of statutory provisions – challenge to validity of receivership – injunction to prevent property sale – plaintiff"s bona fides – practical effect of lis pendens
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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