3052775 Nova Scotia Ltd v Henderson [2006] ScotCS CSOH_147 (19 September 2006)

3052775 Nova Scotia Ltd v Henderson [2006] ScotCS CSOH_147 (19 September 2006)

The pursuers' right to possession is valid in a question with the defender pending registration and reduction, but the balance of convenience, including the defender's prima facie case under section 242, preservation of the business, and lack of funds for damages, favours maintaining the status quo and refusing interim possession.

Citation
[2006] ScotCS CSOH_147
Parties
Pursuer: 3052775 Nova Scotia Limited; Defender: Matthew Purdon Henderson
Jurisdiction
Scotland
Judgment Date
19 September 2006
Procedural Posture
Motion for Interim Order / Interim Application Under Section 47(2) of the Court of Session Act 1988
Outcome
Motion refused
Legal Topics
Interim Possession, Voidable Disposition, Liquidation, Balance of Convenience
Property Law Insolvency Law Civil Procedure Interim Possession Voidable Disposition Liquidation Balance of Convenience

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Parties

3052775 Nova Scotia Limited

Pursuer

Matthew Purdon Henderson

Defender

Procedural Posture

Motion for Interim Order / Interim Application Under Section 47(2) of the Court of Session Act 1988

Legal Issues

  1. 1 Whether pursuers are entitled to interim possession of heritable subjects pending outcome of section 242 challenge
  2. 2 Nature of pursuers' right to possession prior to registration
  3. 3 Balance of convenience between parties

Ratio Decidendi

The pursuers' right to possession is valid in a question with the defender pending registration and reduction, but the balance of convenience, including the defender's prima facie case under section 242, preservation of the business, and lack of funds for damages, favours maintaining the status quo and refusing interim possession.

Court Disposition

Motion refused

Orders

  • Pursuers' motion for interim possession of Letham Grange refused