Widgets

APPOINTMENT OF A RECEIVER:

The term receiver is not defined in the Act but in Kerr on Receivers, a Receiver is defined as an impartial person appointed by the court to collect and manage rents and issues accruing from a specific subject matter for which the court does not find that it would be reasonable for either party to collect. It is given to a neutral person to manage by the court, as the court deems just and convenient.


Appointment of receivers is an equitable relief but also a very drastic one because the court is taking away the rights of both parties at that time. It is a drastic relief and can be made at the appointment of one party or both. Normally when you approach the court to appoint a receiver, you will tell the court what you want the receiver to do and the receiver is appointed according to your terms or in accordance with other terms determined by the court and depending on the case.


Appointment of receivers means that nobody wins as the receiver is supposed to be neutral and both parties have no access to the subject matter. Receivers have wide powers just as if they were the owners of the property and the orders appointing them specify what they can and cannot do. There are no safeguards set by the court but one is allowed to say what one wants the receivers to do. One is allowed to select a receiver with professional indemnity so that if they occasion one loss, one can claim from insurance. This is a safeguard.

 
 
 

Like Us on Facebook

Contact Form

Name

Email *

Message *