22 Dec 2008
CAPITAL + MERCHANT INVESTMENTS LIMITED (IN RECEIVERSHIP) AND CAPITAL + MERCHANT FINANCE LIMITED (IN RECEIVERSHIP) V RUSSELL MANAGEMENT LIMITED HC AK CIV-2008-404-8214
- Citation
- openlaw-0e8ae434_fc09_4edd_9de4_57fc8f9fec3f.pdf
- Court
- High Court
The court held as an interim matter that the caveat could not be removed on the sole basis that the liquidator's s 269 disclaimer terminated Russell Management's leasehold interest; Russell Management has an arguable continuing interest in the land and must be given the opportunity to challenge the disclaimer under s 284 Companies Act 1993, subject to timely application. The issue of priority between Capital's mortgage and any Russell interest is reserved for further proceedings.