Cesar HotelCo (Cayman) Ltd and 4 others v Michael Ryan and 5 others - Judgment
Whether the Registered Land Law imposes a mandatory statutory code preventing receivers appointed under contractual debentures from acting without s.72 notice compliance; whether an unregistered equitable charge under a debenture permits appointment of receivers “outwith” the RLL; whether defendants had standing to challenge the validity of receivers’ appointment under Foss v Harbottle principles; whether defendants were estopped from disputing the receivers’ authority; whether the receivers’ powers under clause 18.1 allowed them to bring proceedings in the name of the chargors; whether the receivers had authority to sue for the wide range of claims asserted
| Cause Number | FSD 0058/2012 (PCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Cresswell J |
| Parties | Cesar HotelCo (Cayman) Ltd and 4 others v Michael Ryan and 5 others - Judgment |
| Judgment Date | 2012-12-19 |
| Subject | Whether the Registered Land Law imposes a mandatory statutory code preventing receivers appointed under contractual debentures from acting without s.72 notice compliance; whether an unregistered equitable charge under a debenture permits appointment of receivers “outwith” the RLL; whether defendants had standing to challenge the validity of receivers’ appointment under Foss v Harbottle principles; whether defendants were estopped from disputing the receivers’ authority; whether the receivers’ powers under clause 18.1 allowed them to bring proceedings in the name of the chargors; whether the receivers had authority to sue for the wide range of claims asserted |
| Filename (current) | 12-12-19-Cesar-Hotel-Co-Cayman-Ltd-and-4-Others-v-Micharl-Ryan-and-5-others.pdf |
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