Meretz Investments Nv and Another v ACP Ltd and others: CA 11 Dec 2007

The claimant alleged that when exercising its power of sale under a mortgage over its land, the mortgagee had done so in order to override the claimant’s intention of granting a sub-lease, and that this was a tortious intention to induce a breach of contract.
Held: The claimant’s appeal failed. The respondents intended to produce a result which they believed themselves entitled to achieve. It was not enough merely to have intended an act from which the loss resulted; it had to intend that loss. That requirement was not satisfied here.
Pill, Arden, Toulson LJJ
[2007] EWCA Civ 1303, Times 20-Dec-2007, [2008] 2 WLR 904, [2008] Ch 244
Bailii
England and Wales
Citing:
Appeal fromMeretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
See AlsoMeretz Investments Nv v ACP Ltd QBD 27-May-2002
Meretz sued ACP for monies alleged to be due under agreements. . .
Appeal fromMeretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .

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Updated: 05 February 2021; Ref: scu.261957