Sood v Christianos [2008] NSWSC 1087

In this matter a second ranking unregistered mortgagee sought judicial sale orders in circumstances where there was a power of attorney and contractual power of sale. His Honour Justice Brereton carefully reviewed the law in relation to making judicial sale orders and found that he had the power to order a sale in relation to an existing contract (without the need for an auction or the setting of a reserve).

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