Circuit Court Rules

ORDER 43

SALES

1. If, in any action or matter relating to land, it shall appear necessary or expedient that the land, or any part thereof, shall be sold, the court may order the same to be sold, and any party bound by the order and in possession of the land, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or to such other person as the court may direct.

2. Where a sale, mortgage, partition or exchange is ordered, or an order is made under section 31 or section 94 of the Land and Conveyancing Law Reform Act, 2009, the court, in addition to the powers already existing, may authorise effect to be given to its order:

(a) by laying proposals before the court for its sanction; or

(b) by proceedings out of court, and any moneys produced thereby shall be paid into court, or to trustees, or otherwise dealt with as the court orders; provided always that the Judge shall not authorise a sale out of court unless and until he is satisfied that all persons interested in the land are before the court, or are bound by the order.

[SI 155/10]

3. When any property is ordered to be sold, the order shall direct who shall have the carriage of the sale and where the same shall be held, and by whom the conditions and contracts of sale and abstract of title, if any such be necessary, shall be prepared. Whenever in an action for the administration of the estate of a deceased person, or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator or trustee, the conduct of such sale shall be given to such executor, administrator or trustee, unless the Judge shall otherwise direct.

4. The Judge may refer to a counsel appointed by him any matter relating to the investigation of the title to any land with a view to an investment of money in the purchase, or on mortgage thereof, or with a view to a sale thereof, or to the settlement of a draft or a conveyance, mortgage, settlement, or other instrument, or any other matter which the Judge may think fit.

5. Where a judgment or order directs any property to be sold, unless otherwise ordered, the same shall be sold to the best purchaser, and if the sale be approved by the court, all proper parties shall join in the sale and conveyance as the court shall direct.

6. If, in any action or matter relating to goods or chattels, it shall appear necessary or expedient that the same, or any of the same, shall be sold, the Judge may order such sale by any person or persons named in such order, and in such manner, and on such terms as he may think desirable, and in any case in which such goods or chattels are of a perishable nature, or likely to deteriorate from keeping, or in which it may be desirable for any other just and sufficient reason to have an immediate sale, such order for sale may be made at any time after the commencement of the proceedings.

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