Q&As

When the court is deciding whether to grant an order for sale, must it take any human rights factors into account? What other factors will the court have regard to?

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Published on LexisPSL on 14/02/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • When the court is deciding whether to grant an order for sale, must it take any human rights factors into account? What other factors will the court have regard to?

When the court is deciding whether to grant an order for sale, must it take any human rights factors into account? What other factors will the court have regard to?

The court has a wide discretion as to whether to grant an order for sale and each case will be considered carefully and decided on its own particular facts. When considering whether to exercise its discretion and to grant an order for sale, the court may take into consideration a number of factors, including:

  1. judgment creditor

  2. competing interests

  3. age of the

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