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Receiver not entitled to possession of land where he had not been appointed as ‘receiver and manager’ as required in mortgage deed

By: Mark Tottenham BL

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High Court: (a) grants order dismissing claim by borrower against the Property Registration Authority (PRA) arising from the registration of a financial institution as owner of a loan after the transfer of the loan from the original lender, on the grounds, inter alia, that the PRA had no discretion to refuse to register the transfer, and that the borrower was not adversely affected by the registration of the new owner of the loan; and (b) refuses application by receiver for injunctive relief to restrain the borrower and his wife from remaining on the property on the grounds that the original deed of charge required that a 'receiver and manager' be appointed, whereas the receiver had been appointed as 'receiver' only, and had therefore not established a strong case such as was required for mandatory interlocutory relief.

Claim by receiver for possession of lands - claim by borrower against Property Registration Authority and other alleging lack of fair procedures in registering lender as owner of charges after transfer from another lender - application to dismiss borrower's claim - whether PRA had discretion to refuse to register transfer of loan - whether borrower adversely affected by transfer - injunctive relief to remove borrower and wife from the property - effect of mandatory injunction - position of borrower's wife - failure to notify wife of hearing date - whether strong case made out against borrower - whether lender entitled to appoint a receiver - letter of demand - whether overstatement of amount due would invalidate letter of demand - whether receiver had been validly appointed - requirement in deed of mortgage and charge that receiver be appointed as "receiver and manager" - appointment as "receiver" only.

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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