The Applicant and Respondent Imran Khan, separated spouses, were in litigation regarding the sale of a beneficially owned property titled in the names of Imran's parents (Zarinataj and Ishaq Khan).
The Respondents brought a motion to compel the sale of the property at an accepted offer price, which the Applicant opposed, arguing the price was too low.
The court addressed the urgency of the motion, the admissibility of a "without prejudice" settlement letter, and whether the motion should be heard despite Imran Khan's arrears in support payments.
The court found the matter urgent due to lost opportunity and ongoing expenses, ruled the settlement letter inadmissible due to settlement privilege, and allowed the motion to proceed despite arrears, citing the Applicant's dilatory conduct and the interests of the other Respondents.
The court ordered the property to be sold at the accepted offer, with a condition allowing the Applicant to litigate the reasonableness of the sale price at trial, and directed that any support arrears be paid from Imran Khan's share of the proceeds.
The court also recommended the appointment of a case management judge due to the contentious and complex nature of the case.
