Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 66J

Several sales in same partition action

    (1)     This section applies if, in an action for partition—

        (a)     2 or more sales are made; and

        (b)     a person (the excluded person ) is excluded from participation in the proceeds of any of the sales (the excluded sale ).

    (2)     If the excluded person establishes the person's claim to take part in the proceeds of another of those sales, the shares of the other people interested in the proceeds of that sale must be reduced to the extent that their share of the proceeds of the excluded sale were increased by the exclusion of the excluded person from the proceeds of that sale.

    (3)     The amount mentioned in subsection (2) must be put towards payment to the excluded person of the share of the proceeds of the excluded sale that the person would have been entitled to if the person had not been excluded.



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