CA 26 January 1989 Appeal by Avery (A) against a cc decision granting a possession order to Filemart Ltd (F) under County Court Rules Ord 24 of a house and a small plot of land. According to an affidavit of F, the subject property was conveyed to F by A, but A was allowed to remain in the house while building works were carried out on an adjacent site. As A did not leave after termination of the permission, an application for possession was made. A gave evidence that the conveyance was a sham or pretence, in order to enable them to raise money on the security of the property with a view to the property`s being conveyed back when the money was raised. None of this evidence was believed by the cc and an order for possession was made. A appealed. CA held, dismissing the appeal, that cc was right to take the action it did. Once it had been concluded that there was no weight to be attached to A`s evidence, it would have been pointless to order a trial.