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High Court grants order striking out a claim by a debtor to set aside the appointment of receivers over three properties, on the grounds that the bank had a contractual right to appoint the receivers that was not dependent on the continuation in force of any legislation, nor on the registration of the bank as owner of the charge.
Application to strike out claim - whether bound to fail - claim by owner of three properties - all charged or mortgaged to bank - appointment of receivers over all properties - whether bank acted wrongly in appointing receivers - s. 123 of the Land and Conveyancing Law Reform Act 2009 - application to strike out action - whether security instruments contained power to appoint receiver - whether power of appointment depended on continuation in force of Conveyancing and Law of Property Act 1881 - whether bank entitled to appoint a receiver before registration of charge over one property - whether deeds of appointment properly executed - Section 62 of the Registration of Title Act 1964 - creation of charge on land.
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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