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High Court refuses injunction restraining borrowers from interfering with the functions of a receiver of three properties, where one of the properties was co-owned with people who had executed a charge over it without being advanced any monies, on the grounds that: (a) the receiver had failed to exhibit all relevant documentation or to deal comprehensively with matters; (b) the receiver had issued the notice of motion on the same day as the plenary summons, such that there had been no exchange of pleadings that might have clarified the issues; and (c) the receiver was receiving the rental income from one of the relevant properties.
Claim by receiver against borrowers - co-owned property - injunction restraining borrowers from interfering with function and office of receiver - co-owners of property joined as notice parties - related judgment in separate proceedings - property owned by two couples in quarter shares - receiver appointed in 2016 - claim that other co-owners were also indebted to chargee - documentation not exhibited in full - matters not dealt with comprehensively.
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