National Westminster Bank Plc v Hunter & Anor

National Westminster Bank Plc v Hunter & Anor

The court refused to order a sale under section 91(2) Law of Property Act 1925 in favour of K Hunter and Sons Limited because the property had already been sold at auction to a third party by the receivers acting properly under the mortgage, and the court found no basis to interfere with the bank's exercise of its power of sale. The court also granted the bank's application for relief regarding removal and sale of cattle, finding Mr Hunter in breach of court orders and authorising the bank to sell the cattle under the Torts (Interference with Goods) Act 1977.

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 Mortgage/property / Judgment on Applications Under Section 91 Law of Property Act 1925 and Bank's Application for Relief
Outcome
Mr Hunter's application under section 91(2) Law of Property Act 1925 dismissed; bank's application for relief granted; costs ordered against Mr Hunter; time for appeal abridged to 14 days; permission to appeal refused.
Legal Topics
Mortgage Enforcement, Equity of Redemption, Receivership, Sale of Mortgaged Property, Section 91 Law of Property Act 1925, Torts (interference With Goods) Act 1977
Property Law Banking Law Civil Procedure Mortgage Enforcement Equity of Redemption Receivership Sale of Mortgaged Property Section 91 Law of Property Act 1925 +1 more

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Parties

National Westminster Bank Plc

Claimant

Robert Hunter

First Defendant

Karen Hunter

Second Defendant

Procedural Posture

Chancery Division Mortgage/property / Judgment on Applications Under Section 91 Law of Property Act 1925 and Bank's Application for Relief

Legal Issues

  1. 1 Whether the court should order a sale under section 91(2) Law of Property Act 1925 in favour of the mortgagor's preferred purchaser
  2. 2 Whether the bank and its receivers acted properly in selling the property at auction
  3. 3 Whether the court should grant the bank's application for relief regarding removal and sale of cattle under the Torts (Interference with Goods) Act 1977

Ratio Decidendi

The court refused to order a sale under section 91(2) Law of Property Act 1925 in favour of K Hunter and Sons Limited because the property had already been sold at auction to a third party by the receivers acting properly under the mortgage, and the court found no basis to interfere with the bank's exercise of its power of sale. The court also granted the bank's application for relief regarding removal and sale of cattle, finding Mr Hunter in breach of court orders and authorising the bank to sell the cattle under the Torts (Interference with Goods) Act 1977.

Court Disposition

Mr Hunter's application under section 91(2) Law of Property Act 1925 dismissed; bank's application for relief granted; costs ordered against Mr Hunter; time for appeal abridged to 14 days; permission to appeal refused.

Orders

  • Mr Hunter's application to permit sale to K Hunter and Sons Limited dismissed.
  • Bank's application for relief regarding removal and sale of cattle granted.