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High Court grants order on application of receivers that occupants vacate property, where they held under a lease that had been granted in breach of the borrower's mortgage deed, and where no rent had been paid to the receivers, notwithstanding that the receivers had offered to enter into an amended version of the original lease.
Receivership - claim by receivers of company for possession of property - application for order that defendants vacate property and to restrain trespass or interference with function of receivers - lease granted by owner of property to company operating golf club - whether receivers had made out strong prima facie case - power on mortgagor to grant lease - covenant in mortgage deed not to grant lease without prior consent of bank in writing - "all monies" mortgage - whether bank or receivers had acquiesced in 2005 lease by demanding or accepting rent from tenants - no rent actually paid by tenants - whether receivers had made out strong prima facie case - whether damages were an adequate remedy - balance of convenience in circumstances where no rent paid - undertaking as to damages.
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