44. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. I don't know if you do, but I'm just asking that question, sir. While he has tended to the cattle it may be that the bank has not done anything to interfere with or tend to the cattle itself. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. 68. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. MR JUSTICE MORGAN: You do not want an order for costs? 37. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. Mr Hunter replied by an e-mail received at 14.07 on that day. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. ", 29. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. MR JUSTICE MORGAN: Right. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. Not only do we facilitate the sharing of data but we also utilise our investigative . The husband asked the claimant bank to refinance the loan. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? The defendant bought a house on mortgage with her husband. We have discussed paragraph 3. 69. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 3. 84. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. Abuse of Process and Re-litigation. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. The funds were available for draw down as at 14th July 2011.". SE 1422 NE (east side) 6/14 No. Sentencing Remarks of Mrs Justice Cockerill. In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. National Westminster Bank. Is that clear? At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 330. 52. P National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. 16. Nestle v National Westminster Bank: ChD 1988. The Claimant claimed damages . In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. MR JUSTICE MORGAN: Which bit of it do you want to appeal? MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. It is not necessary I think to go to every difference and attempt to resolve it. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. 38. Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Those are the principal matters of fact which are material to the application to which I next refer. MR JUSTICE MORGAN: Well, let me see. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. 8. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. I am not satisfied of either of those. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. The Second Defendant is his wife, Mrs Karen Hunter. 90. 81. This is also applied in National Westminster Bank v Hunter. Working with your business. change. Until the Court of Appeal grapple with your case these orders will bind you. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Venue: HALL PLACE #4. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. 18. In that case both the mortgagor and the mortgagee wished to see the property sold. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. The court set down the principles to be applied in abuse of process cases, where a . If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. That refers to a contract. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way.