In the case of Nguyen v Pham, dated July 20, 2023, the petitioner, Thi Xoa Nguyen, sought an order for the sale of the property, with the proceeds to be divided after accounting for funds owed by each party. She relied on Section 6 of the Partition of Property Act or Rule 13-5 of the Supreme Court Civil Rules. Meanwhile, the respondent, Thi Hong Van Pham, opposed the petition and argued that the matter was not suitable for summary determination. She had filed a separate civil action seeking specific performance of an agreement made in January 2022 for her to purchase the petitioner's interest in the property.
The key dispute centered around the purchase price, which was below the fair market value and could result in tax consequences for both parties. The issue for determination was whether the Court should order the sale of the property.
After considering the evidence, the Court concluded that the sale of the property should not be ordered at that time. The specific performance claim needed to be fully examined in a trial or summary trial. The current evidence did not allow for definitive findings regarding the completion of the sale, potential repudiation, or other crucial aspects of the dispute.
The Court dismissed the petition with leave for the petitioner to reapply after further consideration of the reasons provided.