McClure & Anor v CRF Developments Ltd [2013] NICh 9 (21 May 2013)

McClure & Anor v CRF Developments Ltd [2013] NICh 9 (21 May 2013)

By entering into the mortgage and deed of priorities on 15 June 2007, the plaintiffs waived and abandoned any equitable vendor's lien for unpaid purchase money, substituting it with a charge that is second in priority to Ulster Bank's charge. The plaintiffs are not entitled to declarations of lien or equitable interest over the property.

Citation
[2013] NICh 9
Parties
Plaintiff: William Marcus McClure; Plaintiff: Linda Elizabeth Dempster McClure; Defendant: CRF Developments Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 May 2013
Procedural Posture
Chancery / Final Judgment
Outcome
Plaintiffs' claims for declaration of lien and equitable interest refused.
Legal Topics
Vendor's Lien, Equitable Charge, Priority of Charges, Contractual Conditions, Waiver of Lien
Property Law Contract Law Insolvency Law Vendor's Lien Equitable Charge Priority of Charges Contractual Conditions Waiver of Lien

Case Brief

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Parties

William Marcus McClure

Plaintiff

Linda Elizabeth Dempster McClure

Plaintiff

CRF Developments Ltd

Defendant

Procedural Posture

Chancery / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs retained an equitable vendor's lien over the property for unpaid purchase money
  2. 2 Whether the special conditions of the Memorandum of Sale survived the Deed of Assignment
  3. 3 Priority of the plaintiffs' claim versus Ulster Bank's charge

Ratio Decidendi

By entering into the mortgage and deed of priorities on 15 June 2007, the plaintiffs waived and abandoned any equitable vendor's lien for unpaid purchase money, substituting it with a charge that is second in priority to Ulster Bank's charge. The plaintiffs are not entitled to declarations of lien or equitable interest over the property.

Court Disposition

Plaintiffs' claims for declaration of lien and equitable interest refused.

Orders

  • Declaration of lien and equitable interest refused
  • Declaration regarding apartment purchase refused