3 Mar 2009
CAPITAL + MERCHANT INVESTMENTS LIMITED (IN RECEIVERSHIP) AND CAPITAL + MERCHANT FINANCE LIMITED (IN RECEIVERSHIP) V RUSSELL MANAGEMENT LIMITED HC AK CIV-2008-4048214
- Citation
- openlaw-621daede_dba9_4ecd_a0c2_3dfb5f16c37a.pdf
- Court
- High Court
The court found as a matter of inference from the undisputed facts that the mortgagee did not give affirmative consent to the leases; receipt of modest rental payments and requests for surplus income did not constitute consent by conduct under s119, so the leases do not bind the mortgagee and the caveat must be removed upon registration of the mortgagee's transfer pursuant to s105 and s143.