Read the full judgment text of DCMP 001777/2005 on BabelCite. This District Court judgment was delivered on 29 September 2005.
1. The Plaintiff (“P”) appeals against a Master’s dismissal of its application on the 18th August 2005 to sell the Defendant’s (“D”) share of land under a Charging Order. The Charging Order was made absolute by this Court on the 15th April 2005: see Bundle at pages 41 and 42. The arithmetic relating to sale and surplus is listed in Bundle pages 19 and 20. Therefore, subject to a legal charge by a G.E.Capital Ltd in preference to P’s interest on the same property, a sale would discharge D’s de