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High Court refuses to grant an order for possession, on the grounds that the applicant bank had failed to discharge the necessary proofs to obtain an order for possession.
S62(7) Registration of Title Act – Defendants separated married couple – Second Named Defendant instituted separate proceedings against First Named Defendant - application for possession – Second Named Defendant alleges systemic fraud on part of Applicant – claims to have not seen or executed documents and had nothing sent to her home address – thus challenges validity of loan documents Applicant claims charge over property and monies due since 2016 – relies on loan documents – Applicant failed to demonstrate validity thereof or to challenge Ms Cody on her claims through cross examination or other evidence – cannot rely on a document as truthful on the basis that it has been exhibited – Applicant failed to discharge the necessary proofs to obtain an order for possession.
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