Mr Pollard and his wife were joint owners of land situated in Portugal. Mr Pollard was declared bankrupt in 1993. In 1994, Mr Ashurst was appointed as Mr Pollard’s Trustee in bankruptcy (“the Trustee”). In 1999, the Trustee applied in the County Court for an order directing the sale with vacant possession of the Portuguese property, joining Mr and Mrs Pollard as respondents. Direct Judge Ley granted the order. Mr and Mrs Pollard appealed,

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