The applicant, a bank as mortgagee, was applying for possession of a property. The respondents suggested there had been no default and claimed the mortgagee had no entitlement to possession of the property. The respondents also made allegations of fraud or misconduct by an employee of the bank causing the second respondent’s company financial loss.
Damien Clothier QC (with D Ananian-Cooper) appeared on behalf of the Applicant, instructed by Gadens.
The full judgment is available here.