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The High Court annulled a 1 October 2019 auction for failure to follow notice requirements and because the underlying debt had already been paid.
The High Court dismissed COOPILAK’s review for injustice, upholding the auction sale and rejecting claims of procedural defect, undervaluation, and mortgage invalidity.
The auction was conducted in violation of the statutory five-day notification period required by law, rendering the sale invalid. Other alleged irregularities, including notification errors and exclusion of participants, were not substantiated or did not amount to legal violations. The applicants are entitled to partial legal costs due to the respondent's procedural fault.
Source excerpt
The applicant failed to prove procedural violations in the auction; the auction price was not unlawfully low; the applicant is entitled to restitution of amounts paid twice and the surplus from the auction proceeds; damages awarded to interested parties must be reasonable and supported by evidence.
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