Published 14 June 2021
Application for enforcement orders — jurisdiction — order for sale — costs — Property (Relationships) Act 1976, ss 21, 23-32, 33 & 37 — Companies Act 1993 — Public Trust Act 2001. The Public Trust applied for enforcement orders on behalf of the applicant (now deceased). The respondent husband had now also died. Before the deceaseds' deaths they had come to an agreement as to how their relationship property should be distributed, but objections by third parties had delayed resolution. The Judge made an order for sale so the executors of the deceaseds' wills could distribute their estates to the beneficiaries. Leave was granted for the third parties to apply for further enforcement orders if necessary to enact the agreement made between the deceases before their deaths. No order was made as to costs, in order to protect the relationship between the involved family members. Judgment Date: 2 December 2019.
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