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Court of Appeal overturns a High Court order granting a lender vacant possession of a property, highlighting significant questions regarding the validity of the lender's claim to the mortgage security. The High Court had previously granted the lender possession, based on the lender's registration as the owner of the mortgage and the appointment of receivers. However, the Court of Appeal found that the plaintiffs had not established a strong case that the second defendant was bound by the mortgage, particularly given the absence of her written consent to a 2008 loan that refinanced the original mortgage. The Court also noted that the property had been left vacant since the High Court order, with no new tenants secured due to the pending court proceedings.
Court of Appeal - High Court - mortgage security - receivers - vacant possession - interlocutory injunction - refinancing - written consent - joint tenancy - Land and Conveyancing Law Reform Act 2009 - conclusiveness of title - Registration of Title Act 1964 - Tanager D.A.C. v. Kane - balance of convenience - equitable relief - plenary proceedings.
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