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The High Court has granted an order for the sale of a commercial property co-owned by a judgment debtor and a non-debtor, pursuant to Section 31 of the Land and Conveyancing Law Reform Act 2009. The court found it just and equitable to direct the sale, which will be conducted under the supervision of the Examiner’s Office. The original decision to pursue the sale was upheld, despite the judgment debtor's absence from proceedings and the non-debtor co-owner's resignation to the sale. The court declined to sanction a proposed private sale of the debtor's interest at a discounted price, opting instead for a public sale to ensure fair market value and protect the interests of all parties, including other judgment creditors.
Land and Conveyancing Law Reform Act 2009, section 31, order for sale, co-ownership, judgment mortgage, commercial property, High Court, non-debtor co-owner, judgment debtor, valuation, public sale, Examiner’s Office, Rules of the Superior Courts (RSC), accounting adjustments, disproportionate expenditure, legal costs, Circuit Court scale, Courts of Justice Act 1981, legal costs adjudication, Legal Services Regulation Act 2015.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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