Girvan J said: ‘If a mortgagor declines to put any material before the court which could lay a basis for the court exercising its powers under s36 the mortgagee would be entitled to his remedy based on his clear contractual rights under the mortgage. It is for a mortgagor to adduce some justification or basis to enable the court to exercise its discretionary power under s36 in his favour. A mortgagor who is in default under his mortgage has no right to demand that the court exercises its discretion in his favour to grant what is in effect a form of relief against the consequences of a breach of contract . . A mortgagor seeking to persuade the court to exercise its powers under s36 should be expected to put before the court his best realistic proposals to avoid the consequences of his breach of the contractual terms of the mortgage . .’
Judges:
Girvan J
Citations:
[1996] NI 47
Statutes:
Administration of Justice Act 1973 36
Cited by:
Cited – Santander (UK) Plc v Parker CANI 16-Jun-2015
Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house.
Held: A promissory note was equivalent to cash, but . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Banking
Updated: 11 May 2022; Ref: scu.550147
