The Claimant was the registered proprietor of No Man's Land Fort (a 19th Century sea fort in the Solent). It claimed possession against a trespasser who asserted that he was the representative of the mortgagor.
It was held that where a sale of property by a mortgagee had been set aside pursuant to s.320 of the Companies Act 1985 the transaction was avoided ab initio. As such the mortgagor ought to have been restored to the proprietorship register as registered proprietor and the mortgagee restored as first legal charge holder. In the circumstances, the mortgagor could have no cross claim in damages which provided any defence to the mortgagee's claim for possession and for an order for sale.