Robert Colin White v Nicole Maree White [2021] NSWSC 484

Robert Colin White v Nicole Maree White [2021] NSWSC 484

Upon appointment of trustees under s 66G of the Conveyancing Act 1919 (NSW), the former co-owner's right to occupy or possess the property ceases and converts to a claim to the proceeds of sale; accordingly, the trustees are entitled to exclusive possession in order to conduct sale proceedings.

Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Equity / Application by Trustees for Possession Following Appointment for Sale
Outcome
Application granted for possession to trustees; leave to issue writ of possession; associated costs to be paid from first defendant's share on an indemnity basis.
Legal Topics
['co Ownership' 'statutory Trust for Sale' 'trustee Possession' 'writ of Possession']
['land Law' 'equity'] ['co Ownership' 'statutory Trust for Sale' 'trustee Possession' 'writ of Possession']

Case Brief

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Procedural Posture

Equity / Application by Trustees for Possession Following Appointment for Sale

Legal Issues

  1. 1 ['Whether the trustees appointed for sale of co-owned property are entitled to possession for the purposes of effecting the sale' 'Whether the co-owner in possession is entitled to remain until sale' 'Appropriate orders for costs related to the possession application']

Ratio Decidendi

Upon appointment of trustees under s 66G of the Conveyancing Act 1919 (NSW), the former co-owner's right to occupy or possess the property ceases and converts to a claim to the proceeds of sale; accordingly, the trustees are entitled to exclusive possession in order to conduct sale proceedings.

Court Disposition

Application granted for possession to trustees; leave to issue writ of possession; associated costs to be paid from first defendant's share on an indemnity basis.

Orders

  • ['An order that Roy Hanna and Omar Khan as Trustees for sale of the property located at 128 Duri Road, Hillvue, NSW 2340, be given possession of the Property.' 'Leave for the issue forthwith of a Writ of Possession for the Property in the form annexed to the Short Minutes of Order.' 'An order pursuant to Section...