Site icon swarb.co.uk

Burnett’s Trustee v Grainger and Another: HL 4 Mar 2004

A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his own interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the estate of the person sequestrated, and vested those assets in his trustee for the benefit of the sequestrator. The purchaser who failed to register his interest lost it. ‘In the present case the respondent has done nothing more than take advantage of the mistake or error of his rivals, the appellants, in failing to get off their mark and record the disposition from Mrs Burnett promptly. Even once their agents had become aware that her estate had been sequestrated and that the respondent had been appointed as permanent trustee, for whatever reason, they failed to act. In retrospect at least, that was a mistake, since it allowed the respondent to record his notice of title before the appellants. As the authorities show, even although the respondent was well aware that the appellants held a disposition from Mrs Burnett, he was fully entitled to take advantage of their mistake by recording the notice of title and so completing the diligence by acquiring the real right in the subjects for the creditors.’
References: 2004 SCLR 433, 2004 SC (HL) 19, 2004 SLT 513, 2004 GWD 9-211, [2004] UKHL 8, Times 08-Mar-2004, [2004] 11 EGCS 139
Links: House of Lords, Bailii
Judges: Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Rodger of Earlsferry
Statutes: Bankruptcy (Scotland) Act 1985 31(1), Abolition of Feudal Tenure etc (Scotland) Act 2000, Conveyancing (Scotland) Act 1924 5
Jurisdiction: Scotland
This case cites:

This case is cited by:

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.194162 br>

Exit mobile version