Scott, in the matter of Le

This case involved a dispute over the sale of a property co-owned by a bankrupt individual and another non-bankrupt person. The applicant, seeking to sell the property, applied for declarations and orders to facilitate the sale. The primary issue was whether the trustee in bankruptcy should be appointed as the trustee for the sale of the property, given its co-ownership status. The court had to consider the legal implications of appointing a trustee in bankruptcy to sell a jointly-owned property.

The court examined the evidence presented and concluded that the bankrupt, referred to as "Tam Chanh Le" or "Chanh Tam Le," was indeed one of the joint proprietors of the property. The court found no evidence to support the first respondent's claim that another individual, his brother, was the true joint owner. Based on the balance of probabilities, the court inferred that the bankrupt was one of the registered proprietors of the property. The court further determined that the trustee in bankruptcy should be appointed as the trustee for the sale of the property, considering the need to meet the outstanding liabilities of the bankrupt estate.

Consequently, the court made several orders to facilitate the sale. These included a declaration that the bankrupt was a joint registered and beneficial owner of the property, with the rights vesting in the applicant upon the bankruptcy. The court ordered the respondents to give vacant possession of the property and appointed the trustee to sell the property. The proceeds from the sale were to be applied in a specific order, including payment of costs and encumbrances, before distribution to the trustee and the non-bankrupt co-owner. The court also granted the trustee the necessary powers to execute the sale and transfer of the property. The applicant's costs were deemed proper costs of the bankruptcy.