The Court appointed Simon Thorn and Bradley Tonks as statutory trustees of the timeshare resort land under s 231 of the Property Law Act 1958 (Vic), with powers to consolidate titles, sell the land, surrender the lease, and distribute proceeds to co-owners in proportion to their fractional interests after payment of costs and expenses. The right to appointment of trustees for sale of co-owned land is confirmed as available 'almost as of right' unless it would be inequitable, with no general discretion to refuse on grounds of hardship or unfairness. The Court declined to prescribe a method of sale or require a formal valuation, holding that these decisions properly fall to the trustees. This is the first Victorian case applying Part IV PLA to the winding up of a timeshare resort, and the approach follows the NSW authority of Vacation Club Ltd v A.G.G. Properties Pty Ltd and Ultiqa Village Resort Ltd v Deale.
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