Background:
Terry Blaine Gustafson owned farmland subject to an order nisi for judicial sale. Before any sale attempt, his son, Terry Chad Gustafson, redeemed the mortgage and became the mortgagee. He applied to replace the order nisi for judicial sale with a new order nisi for foreclosure, arguing there was no equity in the land. SSC Security Services Corp., holding a $4.6 million enforcement charge, opposed the application, contending a sale could satisfy part of its judgment.

Legal Issues:

1. Jurisdiction: Chad argued the Chambers judge failed to consider the inherent jurisdiction of the Court of King’s Bench to grant foreclosure. The Court of Appeal found no error, holding that jurisdiction alone did not justify granting the application.

2. Equity Determination: The judge dismissed the application due to conflicting appraisal reports, concluding Chad failed to prove there was no equity in the land.

Outcome and Costs:
The Court of Appeal upheld the decision, dismissing Chad’s appeal. SSC Security Services Corp. was awarded costs, but the exact amount was not specified. No costs were awarded for or against Terry Blaine Gustafson.