16 Dec 2008
FIDELITY FINANCE CO LTD v. TOP JOINT INVESTMENT LTD AND ANOTHER
- Citation
- FIDELITY FINANCE CO LTD v. TOP JOINT INVESTMENT LTD AND ANOTHER
- Court
- District Court
- Case number
- DCDT3960/2008
The claimant's proprietary claim was rejected because the Agreement appeared to be a sham between connected parties and, whether characterised as an unregistered charge or a sale, the connections and lack of registration meant the court would not exercise its discretion under s96(2) to order release; ownership alone does not outweigh the landlords' right to distrain, so the claimant's claim is dismissed.