Partition Act 1900 (NSW) (repealed)
A1900-24
Republication No 3
Effective: 6 September 2001
Republication date: 19 November 2008
As repealed by A2001-56 pt 4.1
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Partition Act 1900 (repealed) effective 6 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
partition act 1900
(new south wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
TABLE OF PROVISIONS
Section
1.Short title
3.Court
4.Power of Court to order sale instead of division
5.Authority for parties interested to bid
7.Court may appoint trustees to receive and apply moneys arising from sales otherwise the moneys to be paid into Court
8.Trustees may apply moneys in certain cases without application to Court
9.Until money can be applied to be invested and dividends to be paid to parties entitled
Parties to partition suits
Power to dispense with service of notice of decree or order in special cases
Proceedings where service is dispensed
Provision for case of successive sales in the same suit
Request by infant, or person under disability
Power to Court to direct sale of portion of property and partition of the remainder
Suit for partition to include suit for sale and distribution of the proceeds
partition act 1900
(new south wales)
An Act to consolidate enactments relating to partition
Short title
This Act may be cited as the Partition Act 1900.1
Court
In the interpretation of this Act, the term “Court” means the Supreme Court.
Power of Court to order sale instead of division
In a suit for partition, where, but for this Act or the Act hereby repealed, a decree for partition might have been made—
(a)if it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstances, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, on the request of any of the parties interested, or on their behalf as hereinafter provided, and notwithstanding the dissent or disability of any others of them, order a sale of the property accordingly; and
(b)if parties interested collectively to the extent of one moiety or upwards, or some persons as hereinafter provided on their behalf, request the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary,…