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No evidence before court as to why a caution registered against folio should remain
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High Court grants interlocutory order sought by bank directing the Property Registration Authority to remove a caution registered against a folio (the subject of a court-ordered sale) by a serial lay litigant, who obtained a judgment mortgage against an individual with an interest in the defendant company in 2010, on the grounds that there is no evidence before the court that such a caution should remain in circumstances where court counsel requires its removal prior to settling the particulars and conditions of sale.
Application to remove caution registered against folio - individual litigant registered a judgment mortgage over folio lands in 2010 and later issued well-charging proceedings against individual debtor and his interest in defendant company - caution registered by individual litigant - no evidence before court that debtor has any interest in folio lands - alleged agreement by letter to litigant from debtor that any future offer for sale of lands would require the litigant's prior agreement before acceptance - impossible to bind at law or in equity by letter only - company and shareholder cannot be treated as one legal entity - court-ordered sale by well-charging proceedings in 1987 (Blayney J.) against defendant's interest in folio lands - sale process later commenced before examiner - plaintiff obtained order for possession of lands for purpose of carrying out court sale - court-sale process subsequently re-entered in examiner's office - order of High Court (Haughton J) granting plaintiff bank liberty to offer folio lands for sale by private treaty - court counsel has advised that removal of caution registered by individual litigant is required prior to settling particulars and conditions of sale - individual a serial litigant - no evidence before court as to why caution should remain - agent's suggested guide price for land represents a proper valuation - order granted directing property registration authority to remove caution registered against folio by individual litigant.
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