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How must an auction approval decision on real estate be made public, and what must the manner of publication follow?

General information · Not legal advice

Material to check

The practice file holds the written auction approval decision itself, naming the real estate, the purchaser and the sale price, and any special sale conditions recorded in it. We also read the minute or record of the pronouncement and the published announcement, since the provision requires both the pronouncement and a publication made as the Supreme Court Rules provide.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the two steps as cumulative: the court must not only pronounce the auction approval decision but also publish it in the manner the Supreme Court Rules prescribe, so the file has to show that the pronouncement was made and the publication carried out under that Rule.

Another reading marks a limit in the provision: it tells how the decision must be made public and points to the Supreme Court Rules for the manner, but it names no body that carries out the publication and says nothing about what the announcement itself must contain.

Your judgment

Which body in the practice file carried out the publication, and what does it show about the manner the Supreme Court Rules prescribe?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to name who must publish the announcement or to state what it must contain, or if a Supreme Court Rule or court decision settles either point.

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