Part 27 Disposal of land

27.1   Power to order sale

(cf SCR Part 30, rule 2)

In proceedings in the Supreme Court in relation to land, other than proceedings in the Common Law Division for possession of land, the Court may, at any stage of the proceedings:

(a)  order that the whole or any part of the land be sold, and

(b)  order that any party in receipt of the rents or profits of the land, or otherwise in possession of the land, deliver possession to such person as the Court may direct.

27.2   Manner of sale

(cf SCR Part 30, rule 3)

(1)  This rule applies if the Supreme Court makes an order under rule 27.1 that land be sold.

(2)  The Supreme Court may appoint a party or other person to have the conduct of the sale.

(3)  The Supreme Court may permit the person having the conduct of the sale to sell the land in such manner as he or she thinks fit.

(4)  The Supreme Court may direct any party to join in the sale and conveyance or transfer or in any other matter relating to the sale.

(5)  The Supreme Court may give such further directions as it thinks fit for the purpose of effecting the sale, including any one or more of the following:

(a)  a direction fixing the manner of sale (that is, whether sale is to be by contract conditional on approval of the Court, by private treaty, by public auction, by tender, or by some other manner),

(b)  a direction fixing a reserve or minimum price,

(c)  a direction requiring payment of the purchase money into Court or to trustees or other persons,

(d)  a direction for settling the particulars and conditions of sale,

(e)  a direction for obtaining evidence of value,

(f)  a direction fixing the remuneration to be allowed to any auctioneer, real estate agent or other person.

27.3   Certificate of sale

(cf SCR Part 30, rule 4)

(1)  If, pursuant to this Part, land is sold by public auction, the auctioneer must, unless the Supreme Court orders otherwise, certify the result of the sale.

(2)  If, pursuant to this Part, land is sold otherwise than by public auction, the solicitor of the person having the conduct of the sale must, unless the Supreme Court orders otherwise, certify the result of the sale.

(3)  The Supreme Court may require that the certificate be verified by affidavit of the person certifying.

(4)  The person having the conduct of the sale must file the certificate and affidavit, if any.

27.4   Mortgage, exchange or partition

(cf SCR Part 30, rule 5)

If the Supreme Court makes an order for the mortgage, exchange or partition of land, rules 27.2 and 27.3 apply to the mortgage, exchange or partition, so far as applicable and with any necessary modifications, in the same way as they apply to a sale of land under this Part.