The applicant had an option to purchase land, but neither the option, nor the subsequent charge were registered. The land was sold by the respondent under a power of sale, and the claimant sought damages for the respondent having negligently failed to achieve a proper price. The respondent said that she was not owed a duty of care because she had an insufficient interest in land.
Held: Under Downsview, the duty of care of the respondents extended to anyone having an interest in the land, and the claimant was such. The Medforth case suggested that that could include anybody interested in the equity of redemption. The strike out had been granted wrongly, and the claim was re-instated.
Judges:
Mr Simon Berry, QC
Citations:
Times 25-Apr-2002
Jurisdiction:
England and Wales
Citing:
Cited – Downsview Nominees Ltd and Another v First City Corporation Ltd and Another PC 19-Nov-1992
(New Zealand) The holder of a second debenture appointed receivers to the assets. The first debenture holder then also appointed receivers not to obtain repayment of its debt, but to disrupt the work of the first appointed receivers and in order to . .
Cited – Medforth v Blake and others CA 26-May-1999
A receiver appointed to manage a business had duties over and above those of mere good faith. A receiver who failed to obtain discounts normally obtainable for supplies to the business might be liable for that failure. when considering the position . .
Lists of cited by and citing cases may be incomplete.
Land, Negligence
Updated: 28 April 2022; Ref: scu.170176
