16 Oct 2008
DORCHESTER FINANCE LIMITED V RISK MANAGEMENT SERVICES LIMITED HC AK CIV2008-404-6332
- Citation
- openlaw-07206b41_95bf_4326_8f7b_c11e0de7ac80.pdf
- Court
- High Court
Risk Management Services failed to prove that Dorchester had knowledge of or consented to the alleged renewal lease; absent evidence of consent the alleged lease cannot bind the mortgagee under s119/s105, so the caveat protects no enforceable interest that can survive Dorchester's power of sale and must be removed on presentation of Dorchester's transfer in exercise of its power of sale.