National Westminster Bank Plc v Hunter & Anor [2011] EWHC 3170 (Ch) (23 November 2011)

National Westminster Bank Plc v Hunter & Anor [2011] EWHC 3170 (Ch) (23 November 2011)

The court dismissed Mr Hunter's application under s.91(2) Law of Property Act 1925 because the mortgagee had already exercised its power of sale properly, contractual rights had vested in the auction purchaser, and there was no basis to override the mortgagee's conduct or undo the auction contract. The court granted the bank's application for orders restraining Mr Hunter from entering the land and facilitating removal and sale of cattle, finding Mr Hunter in breach of prior court orders and the statutory requirements satisfied.

Citation
[2011] EWHC 3170 (Ch)
Parties
Claimant: National Westminster Bank Plc; First Defendant: Robert Hunter; Second Defendant: Karen Hunter
Jurisdiction
England and Wales
Judgment Date
23 November 2011
Procedural Posture
Chancery Division Possession and Sale of Mortgaged Property / Judgment on Applications: Mortgagor's Application Under S.91 Law of Property Act 1925 and Mortgagee's Application for Relief
Outcome
Mr Hunter's application under s.91(2) Law of Property Act 1925 dismissed; bank's application for relief granted.
Legal Topics
Equity of Redemption, Power of Sale, Court's Jurisdiction Under S.91 Law of Property Act 1925, Interference With Goods, Possession Orders
Property Law Mortgage Law Civil Procedure Equity of Redemption Power of Sale Court's Jurisdiction Under S.91 Law of Property Act 1925 Interference With Goods Possession Orders

Case Brief

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Parties

National Westminster Bank Plc

Claimant

Robert Hunter

First Defendant

Karen Hunter

Second Defendant

Procedural Posture

Chancery Division Possession and Sale of Mortgaged Property / Judgment on Applications: Mortgagor's Application Under S.91 Law of Property Act 1925 and Mortgagee's Application for Relief

Legal Issues

  1. 1 Whether the court should order sale of mortgaged property under s.91(2) Law of Property Act 1925 in favour of mortgagor's preferred purchaser
  2. 2 Whether the mortgagor retains equity of redemption after auction contract
  3. 3 Whether the court should grant relief to the mortgagee regarding removal and sale of cattle under Torts (Interference with Goods) Act 1977

Ratio Decidendi

The court dismissed Mr Hunter's application under s.91(2) Law of Property Act 1925 because the mortgagee had already exercised its power of sale properly, contractual rights had vested in the auction purchaser, and there was no basis to override the mortgagee's conduct or undo the auction contract. The court granted the bank's application for orders restraining Mr Hunter from entering the land and facilitating removal and sale of cattle, finding Mr Hunter in breach of prior court orders and the statutory requirements satisfied.

Court Disposition

Mr Hunter's application under s.91(2) Law of Property Act 1925 dismissed; bank's application for relief granted.

Orders

  • Mr Hunter restrained from entering the property or bringing livestock/chattels onto it.
  • Mr Hunter to deliver all cattle passports and relevant documentation to the bank/Receivers by 4 p.m. 24 November 2011.