Abadir v Abadir [2013] NSWSC 1053

Abadir v Abadir [2013] NSWSC 1053

The Court appointed trustees for sale because the parties held the Marrickville property as tenants in common in equal shares, the plaintiffs sought or consented to sale, the minors' tutor did not oppose sale, the first defendant had notice but did not appear and provided no reasoned basis to oppose the sale, and the proposed trustee solicitors were fit, proper, capable and consented to act.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Application for Appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw) / Principal Judgment
Outcome
Trustees for sale appointed.
Legal Topics
['land in Co Ownership' 'sale of Land' 'application to Appoint Trustee' 'tenants in Common']
['real Property' 'equity'] ['land in Co Ownership' 'sale of Land' 'application to Appoint Trustee' 'tenants in Common']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw) / Principal Judgment

Legal Issues

  1. 1 ['Whether trustees for sale should be appointed under s 66G of the Conveyancing Act 1919 (NSW) for co-owned property at Marrickville.' "Whether the first defendant's opposition provided any reasoned basis for withholding the discretion to make the orders."]

Ratio Decidendi

The Court appointed trustees for sale because the parties held the Marrickville property as tenants in common in equal shares, the plaintiffs sought or consented to sale, the minors' tutor did not oppose sale, the first defendant had notice but did not appear and provided no reasoned basis to oppose the sale, and the proposed trustee solicitors were fit, proper, capable and consented to act.

Court Disposition

Trustees for sale appointed.

Orders

  • ['Orders and directions made in accordance with paragraphs 1-9 of the short minutes of order initialled by the Court and dated 11 July 2013.' 'Trustees appointed to effect the sale of the Marrickville property.' 'The orders provide for the net proceeds of sale to be distributed in equal shares between the five...