Facts
- Mortgage loan payments on a Dorset farm were defaulted upon
- The mortgagee sought possession
Issue
- Could possession be postponed under s 36 of the Administration of Justice Act 1970 so that the mortgagor could sell the property?
Decision
- No
Reasoning
- There was no reason why possession could not be postponed for up to a year if it was clear that a sale would occur within this period, and that sale would pay off the mortgage loan
- If the sale value would not cover the outstanding loan amount, a mortgagor could but clear evidence forward that he had assets making it likely that he would be able to satisfy any remaining sum
- As there was only an intention to sell, and no actual progress towards a sale, there could be no postponement
