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High Court: (a) refuses plaintiff leave to discontinue action for injunctive relief restraining persons from obstructing receiver, on the grounds that the plaintiff had given an undertaking as to damages, and the action could not be discontinued without a risk of injustice to the defendants; (b) determines that the receiver had been validly appointed, notwithstanding that the deed of charge required the appointment of a 'receiver and manager', on the grounds that the deed also used the term "the Receiver" to refer to both receiver and manager, and conferred the powers of both upon that person.
Claim for injunctive relief - restraint of defendants from obstructing receiver in carrying out his efforts to sell properties - action discontinued on first day of trial - properties already sold - action moot - offer by plaintiff to pay expenses - borrowings in 2006 - purchase of residential investment property - default by 2014 - receiver appointed in 2016 - frustration of attempts to sell properties - whether receiver validly appointed - power to appoint receiver - deed of appointment of receiver - requirement that receiver be appointed in accordance with terms of original instrument - appointment as 'receiver' rather than 'receiver and manager' as required by instrument.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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