Read the full judgment text of HCA 000741/2004 on BabelCite. This High Court CFI judgment was delivered on 11 November 2005 before Chu J.
Civil procedure – summary judgment – appeal – mortgagee's rights – possession – sale of mortgaged property – counterclaim – costs – Defendant appealed Master's order for summary judgment – Mortgagee entered possession with tenant consent – Sale price complaint goes to quantum not liability – Counterclaim not particularised – Appeal dismissed – Costs to plaintiff.
Legal issues: Right to enter possession and sell · Sale timing and price · Knowledge of indebtedness · Joinder of Official Receiver · Counterclaim for loss of personal properties
Outcome: Appeal dismissed; Costs follow event.
Cited by 4 cases