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Court of Appeal allows, in part, an appeal from the High Court, and: (a) sets aside order dismissing a claim by a mortgage debtor against a receiver, on the grounds that it was at least arguable that the receiver's appointment was invalid on grounds that he had not been named as 'receiver and manager' as provided for in the deed of mortgage and charge, where there was litigation pending on that point in other proceedings; and (b) varies the grant of an 'Isaac Wunder' order restraining the ability of the plaintiff from bringing further proceedings without leave of the court, having considered the principles concerning the award of such an order.
Whelan J (nem diss): Application to vacate lites pendentes - dismissal of proceedings - 'Isaac Wunder' orders - s. 123(b)(i)of the Land and Conveyancing Law Reform Act 2009 - loans from bank - mortgage - registration of charge over registered property - validity of charges - properties placed for sale on open market by receiver - whether charge registered in name of lender - whether sums claimed on foot of mortgage were lawfully due - whether appointment of receiver was valid - whether arguments should have been raised in earlier proceedings - cross-border merger - registration of lites pendentes - failure to attend hearing - inherent jurisdiction - principles behind the grant of an 'Isaac Wunder' order.
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