A party resisting an order for appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW) on the basis of a contractual right to exclusive possession must clearly identify and preferably plead the contract relied upon, so that all issues as to its existence and terms can be addressed. A trial judge who fails to address substantial arguments as to the enforceability and construction of such a contract commits an error of law warranting a new trial where those arguments are not hopeless.
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