The borrowers consented to judgment for possession on condition they were given time to sell the property. The borrowers found a buyer, but too late, and the bank sought to enforce its consent judgment.
The borrowers argued that there was some confusion over the terms of the consent judgment. The argument centred around conversations between the respective solicitors. However, the Judge found the terms of the consent judgment to be quite clear. Nevertheless, despite finding for the lender on this, he exercised his discretion and ordered that the borrowers have another month to complete the sale.