2 Oct 2006
TRUSTEES EXECUTORS LIMITED V STRETCHLAND LIMITED HC AK CIV-2006-404-4428
- Citation
- openlaw-aa8af712_59cb_4979_af7c_653ab0944752.pdf
- Court
- High Court
Defendant failed to establish a reasonably arguable caveatable interest that could prevail over the plaintiff's prior indefeasible mortgage and exercised power of sale; the mortgagee sale to a bona fide purchaser prevails where the mortgagor was in default and the mortgagee did not consent to the mortgagor's sale; balance of convenience favours removal of the caveat and the caveat must be removed under s143 LTA.