Murray, Karin v Brilliant Investments Limited, Davis, Shurnette (Representative of the Estate of Allan Davis) Between Brilliant Investments Limited and Messado, Jennifer

Mortgage – Equitable mortgage – Creation of an equitable mortgage – Monies owed – Agreement for land to be used as security for monies owed – Deposit of certificate of title in pursuance of agreement – No instrument of mortgage executed – Whether equitable mortgage in place – Whether deposit of title deed gives rise to presumption of charge
Company – Charge – Charge created by company – Deposit of title deed to secure debt owed by third party – Equitable charge – Deposit of title deed giving rise to presumption of charge – Whether deposit created a registrable charge or merely a lien on title deed – Whether charge created by company or arising by operation of law – Companies Act, sections 174 and 176, Registration of Titles Act, section 103, Civil Procedure Rules, 2002, rules 66.2 and 66.4