17 May 2010
C A HARDING V A R HARDING AND ANOR HC WHA CIV-2010-488-000218
- Citation
- openlaw-22c1191a_dcd0_4e79_9d30_f047fddd32d5.pdf
- Court
- High Court
The court granted a declaratory judgment that the property should be sold but declined to make a bare order for sale because an enforceable sale order requires directions as to the manner of sale; given the arbitration clause the court reserved the stay application and the parties' rights, and therefore adjourned to allow the parties to agree the sale process rather than compel immediate arbitration or make an unenforceable sale order.