ACTIn ForceAct
Land Titles Act 1925
95ASale by court order—application by mortgagor etc
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95A 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.