Where a court has ordered judicial sale of property subject to its supervision, the party conducting the sale may obtain an ancillary order for vacant possession without establishing an independent legal or equitable right to possession. An order for sale 'subject to the supervision of the Court' impliedly reserves liberty to apply for such ancillary orders. The distinction between possession as a remedy for preserving security and judicial sale as a remedy for realising security is critical to the analysis.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.