15 May 2002
PACIFIC CAPITAL (INVESTMENT) LTD. v. RICH RESOURCES ENTERPRISES LTD.
- Citation
- PACIFIC CAPITAL (INVESTMENT) LTD. v. RICH RESOURCES ENTERPRISES LTD.
- Court
- Court of First Instance
- Case number
- HCA13244/1999
The court found no constructive notice: the plaintiff's solicitors made reasonable enquiries and the information available did not warrant further inquiry; the mortgages were registered within the one month period under s.5 and thus took priority from execution (7 October 1998); additionally the defendant, by its conduct and selective disclosure, was estopped from and had waived asserting the unpaid vendor's lien against the plaintiff.