Australian Capital Territory Current Acts

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Sale by court order—application by mortgagor etc

    (1)     A mortgagor or encumbrancer of land may apply to the Supreme court for an order that the land be sold.

    (2)     On an application the court may order a sale of the land on any terms as the court considers just.

    (3)     In particular, the court may make the operation of the order subject to payment into court of a specified sum to meet the expenses of the sale and to secure the performance of the terms.

    (4)     The court may make an order even if a procedure has been taken, or proceedings have been instituted, by any person to foreclose or realise the mortgage or encumbrance or to sell the land.

    (5)     The court may make an order without deciding the priority of mortgages or encumbrances over the land.

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