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
All PDF copies on file (1)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| 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 |
| File MD5 | e6011bd5f90fa90c3b159c1429add766 |
| Source pipeline | pdb |
| PDB record ID | 3493 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository2/12-12-19-Cesar-Hotel-Co-Cayman-Ltd-and-4-Others-v-Micharl-Ryan-and-5-others.pdf |