The appellants appealed a final order regarding their attempt to redeem a mortgage under s. 22(1) of the Mortgages Act.
The appellants had obtained an ex parte injunction and paid funds into court, but the respondent mortgagee had no notice of this and finalized a sale of the property under a power of sale.
The Court of Appeal dismissed the appeal, finding that because the mortgagee had no notice of the payment into court, it was not precluded from finalizing the sale, which extinguished the appellants' right to redeem.
