10 May 2013
ASTERON TRUST SERVICES LTD V LAMBERT HC HAM CIV-2013-419-347
- Citation
- openlaw-ab14c38e_e4f7_4039_9ac7_25fcf12b38d7.pdf
- Court
- High Court
The registered first ranking mortgage prevails over the respondent's subsequently lodged caveat because the respondent was bankrupt when she purported to effect the sub-sale and therefore lacked capacity to create a caveatable interest, and because the Official Assignee disclaimed the head agreement under s117 Insolvency Act 2006 severing any link to the property; accordingly the caveat was invalid and removed and indemnity costs were appropriate given the respondent's repetitive conduct.