ESTOPPEL – consent or acquiescence – plaintiff bank funded development secured in part by first registered mortgage over development property – defendant builder entered into contract for sale of one unit in development in lieu of payment for construction works – whether bank consented or acquiesced to sale contract so as to displace priority of its security
ESTOPPEL – estoppel in pais – whether bank, due to its conduct, estopped from relying on first registered mortgage to defeat contract for sale
CONSUMER LAW – misleading or deceptive and unconscionable conduct – whether bank’s conduct misleading or deceptive or likely to mislead or deceive – whether bank’s conduct unconscionable
Tm Castle appeared for the plaintiff.