The moving party sought an order dismissing relief requested in a notice of hearing for directions and a declaration that the court lacked jurisdiction to continue a reference arising from a judgment for sale under the Partition Act.
The original judgment ordered the sale of jointly owned properties under the direction of a referee, with proceeds to be paid into court.
The applicant in the original proceeding later privately sold its ownership interest without complying with the judgment for sale and without paying proceeds into court.
The court held that the judgment for sale was the sole jurisdictional basis for the reference and had become unenforceable due to the private sale.
As a result, the reference master lacked jurisdiction to continue the reference.
