Western Australian Current Acts Western Australian Current Acts (1) Where in an action
for partition the party or parties interested, individually or collectively,
to the extent of a half share or upwards in the land to which the action
relates request the Court to direct a sale of the land and a distribution of
the proceeds, instead of a division of the land between or among the parties
interested, the Court shall, unless it sees good reason to the contrary,
direct a sale accordingly.
(2) The Court may, if
it thinks fit, on the request of any party interested, and notwithstanding the
dissent or disability of any other party, direct a sale in any case where it
appears to the Court that, by reason of the nature of the land, or of the
number of the parties interested or presumptively interested therein, or of
the absence or disability of any of those parties, or of any other
circumstance, a sale of the land would be for the benefit of the parties
interested.
(3) The Court may
also, if it thinks fit, on the request of any party interested, direct that
the land be sold, unless the other parties interested, or some of them,
undertake to purchase the share of the party requesting a sale; and, on such
an undertaking being given, may direct a valuation of the share of the party
requesting a sale.
(4) On directing a
sale or valuation to be made under subsection (3) the Court may give also all
necessary or proper consequential directions.
(5) Any person may
maintain such an action as is referred to in subsection (1) against any one or
more of the parties interested without serving the other or others, and
—
(a) it
is not competent to any defendant in the action to object for want of parties;
and
(b) at
the hearing of the cause the Court may direct such inquiries as to the nature
of the land and the persons interested therein, and other matters, as it
thinks necessary or proper, with a view to an order for partition or sale
being made on further consideration,
but all persons who,
if this Act had not come into operation would have been necessary parties to
the action —
(c)
shall be served with notice of the decree or order on the hearing;
(d) are
bound, after the notice is so served, by the proceedings, as if they had
originally been parties to the action and shall be deemed parties to the
action; and
(e) have
liberty to attend the proceedings and any of those persons may within a time
limited by rules of Court apply to the Court to add to the decree or order.
(6) On any sale under
this section the Court may allow any of the parties interested in the land to
bid at the sale, on such terms as the Court deems reasonable as to non-payment
of deposit, or as to setting off or accounting for the purchase money or any
part thereof instead of paying the same, or as to any other matters.