2 Jul 2008
DENIS JOHN FETHERSTON V DORCHESTER FINANCE LIMITED CA CA182/2008
- Citation
- openlaw-26b42b44_9639_4b2e_a0aa_4105cb153f1d.pdf
- Court
- Court of Appeal
The application for special leave is dismissed because none of the proposed grounds raise a question of law of sufficient public importance or capable of bona fide serious argument: the s5 exclusions do not apply on the facts; s5(w) cannot defeat Dorchester's pre-2008 possession rights because of the Property Law Act 2007 transitional provision; and s58(1) in any event permits the mortgagee to terminate as if the tenancy were periodic. The applicant's current position is inconsistent with earlier concessions to the High Court.