A man who won a Supreme Court bid to overturn the sale of his Melbourne home for just $1000 says he is still at risk of losing the dwelling and can’t afford to keep fighting.
Zhiping Zhou, 50, built the two-storey, five-bedroom brick home himself at Braybrook, in Melbourne’s west, in 2006.
In 2009, the sheriff was commanded to seize and sell the property after Mr Zhou failed to pay a debt of more than $100,000 for almost three years.
The property, valued at $630,000, was also subject to a $450,000 mortgage.
Mr Zhou’s interest in the property, worth $165,000, was sold at a no-reserve auction to Ronald Kousal for just $1000, which didn’t even cover the sheriff’s auction costs.
The second highest bid was $200.
After the sale was set aside by Justice Peter Vickery on Thursday, Mr Zhou told reporters outside court that the home was at risk of being auctioned again, and he could no longer afford to fight for it.
He denied defaulting on any loan and said he and his family would have to move overseas if he lost the house.
“It’s making my family so much headache,” he said.
“My wife is very unhappy to me.”
Mr Zhou claimed the sheriff breached his legal duty by selling the property for an amount which was illusory, unfair, unreasonable and bore no relation to the evident worth of the land or interest being offered.
He also took action against Mr Kousal, claiming he had acted unconscionably.
Justice Vickery said he was satisfied that the purported sale was not conducted in accordance with common law or with the Sheriff Act, and set it aside.
“In my opinion … this price was so unfair that the sheriff did not act reasonably in accepting it,” said Justice Vickery.
Mr Zhou’s claim of unconscionable conduct by Mr Kousal was dismissed.
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