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High Court refuses interlocutory relief sought by borrower against financial company and receiver, on the grounds that: (a) the financial company was the registered owner of a charge, and the register was deemed to be conclusive as to matters of title; and (b) the charge clearly gave the company the power to appoint a receiver over the property in question.
Claim by borrower against financial organisation, directors and receiver - alleged 'false accounting' - application for discovery of documents appointing receiver - application for removal of receiver - receiver in possession of property - whether financial organisation misled the court - title of financial organisation - transfer of facilities from original lender to defendant - registration of company as owner of the charge - conclusiveness of register - contra proferentum rule.
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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