Zhou v Kousal

In the case of Zhou v Kousal, the parties were engaged in a dispute regarding a property sale conducted by the Sheriff under the Sheriff Act 2009 (Vic). The plaintiff sought to set aside the sale on equitable grounds, arguing that the Sheriff had taken an unconscionable advantage of the defendant. The case was heard in the Supreme Court of Victoria, where the plaintiff's application to set aside the sale was examined.

The legal issues the court had to decide included whether the sale by the Sheriff constituted a breach of the duties under the Sheriff Act 2009 (Vic), and if the Supreme Court had inherent jurisdiction to set aside the sale in such circumstances. The court also had to consider whether the equitable doctrine of special disability applied, and if the sale could be set aside on that basis.

The court found that the Sheriff had not acted in breach of the duties under the Sheriff Act 2009 (Vic) and that the sale was conducted properly. The court did not find that the defendant was under any special disability that would warrant setting aside the sale on equitable grounds. The plaintiff's application to set aside the sale was dismissed.

The final orders of the court were that the plaintiff's application to set aside the sale was dismissed and that the sale by the Sheriff was upheld. The court held that the Sheriff had not acted in breach of the duties under the Sheriff Act 2009 (Vic) and that the sale was conducted properly. The court also found that the defendant was not under any special disability that would warrant setting aside the sale on equitable grounds.