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Receiver entitled to an order for possession
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High Court holds that the plaintiff receiver is entitled to an order for possession, on the grounds that: (a) any suggestion that the demand made by the bank or its deed of appointment of this plaintiff can be rendered invalid or null and void pursuant to the failure to insert the relevant punctuation in its title must be dismissed; (b) the Court was satisfied that the plaintiff was appointed as a receiver and manager pursuant to the terms of the mortgage; (c) the Court was satisfied on the evidence and the documentation furnished that no prior written consent was sought of the bank and no consent was given in relation to a 10 year lease executed by the defendant; and (d) there was no basis for any claim by the defendant that the plaintiff, or anyone under his control, supervision or direction, committed any of the acts of damage as alleged.
Application by the Plaintiff seeking an order for possession of the defendant's property and various ancillary reliefs - entitlement of the plaintiff receiver to possession of certain properties - what is the status of the bank, in circumstances where it appears without the insertion of full stops in its title in the deed of appointment - whether the plaintiff receiver was validly appointed as receiver and manager over the property in question - whether the plaintiff was bound by a lease executed by the defendant - whether the defendant had a counter claim - arguments made by the defendant dismissed - court invited submissions on final orders
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