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 only if backed by assets to pay on it. The application was quite without merit.
Morgan LCJ, Coghlin LJ and Gillen LJ
[2015] NICA 41
Bailii
Administration of Justice Act 1973 8, Bills of Exchange Act 1882 83(1)
Citing:
Cited – National and Provincial v William and Humphrey 1996
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 . .
Cited – Wirth v Weigel Leygonie and Co Ltd CA 1939
Du Parcq LJ said: ‘I doubt whether a promise to pay to a man or to somebody else, who may be his creditor or debtor is a promissory note.’ . .
Cited – Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd 10-Oct-2001
Court of Appeal of New Zealand
Held: ‘The court has an entirely neutral approach when determining whether the parties intended to enter into a contract. Having decided that they had that intention, however, the court’s attitude will change. It . .
Cited – Zinda v Bank of Scotland Plc CA 23-Jun-2011
This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down . .
Cited – Carlyle (Scotland) v Royal Bank of Scotland Plc SC 11-Mar-2015
Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Land
Updated: 02 January 2022; Ref: scu.550142