The Law Reports (Chancery Division)
[1982] Ch 82
[CHANCERY DIVISION]
MARSHALL
v.
COTTINGHAM
[1977 M. No. 3519]
1980 Dec. 11,
12;
1981 Jan. 30
1981 Jan. 30
Sir Robert Megarry V.-C.
Mortgage
— Receiver
— Commission on money received
— Receiver under debenture
— Statutory powers of receiver extended by provisions in debenture
— Power of sale
— Costs of realisation to be met out of proceeds of sale
— Debenture not specifying rate of commission
— Whether application to court necessary to fix rate of commission
— Whether agents' fees, conveyancing costs and caretaker's wages pending sale deductible from receiver's commission as “costs, charges and expenses”
—
Law of Property Act 1925 (15 & 16 Geo. 5, c. 20), s. 109 (6) (8)