John Anthony Waller and Richard Dale Agnew v Stephen John Davies and others - SC 20/2007

Civil – applicants were appointed statutory managers of CH Finance Ltd pursuant to the Corporations (Investigation and Management) Act 1989 – CH Finance had devised a money lending scheme targeted at homeowners – CH Finance had become the registered proprietor of twelve properties pursuant to this scheme – properties mortgaged variously to the second to sixth respondents – statutory managers applied to the High Court pursuant to s 58 of that Act for directions relating to the twelve properties – statutory managers appealed that decision, cross-appeal by first respondent – statutory managers seek leave to appeal Court of Appeal decision - whether Court of Appeal erred in dismissing the statutory managers’ application for directions under s 58 of the Corporations (Investigation and Management) Act 1989 without providing directions or without remitting the application to the High Court for further directions – whether homeowners have an equitable interest arising out of fraudulent misrepresentations made to them – whether Court of Appeal erred in finding that counsel for the first respondent had not conceded that fraudulent misrepresentations had been made – whether the homeowners have an equitable interest arising out of a common law mortgage or an option to purchase – whether Court of Appeal erred in finding that first respondent not guilty of fraud under the Land Transfer Act 1952 on the basis that homeowners had no equitable interest to defeat – whether the second to fifth respondents were guilty of fraud by way of imputation and/or attribution –whether costs in respect of the homeowners whose properties were transferred by forgery should be determined by the High Court or Court of Appeal. CA 65/05 7 March 2007