13 Nov 2008
CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LTD AND ORS HC CHCH CIV 2008-409-000825
- Citation
- openlaw-eff7c0ce_8af9_40e1_8e2f_ef01613b90c5.pdf
- Court
- High Court
Court held the Occupation Loan Agreements conferred lease/occupation interests; Cashmere, by taking the mortgage with knowledge of ongoing occupation and income, had consented (consent construed liberally and not vitiated by mortgagor's misrepresentation); Cashmere is exercising effective management/control and thus is an operator under the Retirement Villages Act so s22 applies; accordingly Cashmere cannot obtain vacant possession or dispose other than as required by law and its claims fail.