Vacation Club Ltd v A G G Properties Pty Ltd [2019] NSWSC 1357

Vacation Club Ltd v A G G Properties Pty Ltd [2019] NSWSC 1357

The plaintiffs, as authorised representatives of the co-owners, are entitled to the appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW), there being no contractual, proprietary, or equitable reason to refuse relief. Sufficient basis exists for ancillary orders under s 138(2)-(3) of the Real Property Act 1900 (NSW) because a significant number of certificates of title will not be produced and practical facilitation of sale requires consolidation and cancellation of sub-folios.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Application Under Conveyancing Act 1919 (nsw) S 66 G / Final Orders on the Papers
Outcome
Trustees for sale appointed; ancillary orders under Real Property Act 1900 (NSW) s 138(2) made.
Legal Topics
['co Ownership' 'statutory Trust for Sale' 'torrens Title' 'appointment of Trustees for Sale' 'production/cancellation of Certificates of Title' 'ancillary Orders Under Real Property Act']
['land Law' 'equity'] ['co Ownership' 'statutory Trust for Sale' 'torrens Title' 'appointment of Trustees for Sale' 'production/cancellation of Certificates of Title' 'ancillary Orders Under Real Property Act']

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Procedural Posture

Application Under Conveyancing Act 1919 (nsw) S 66 G / Final Orders on the Papers

Legal Issues

  1. 1 ['Whether trustees for sale should be appointed under s 66G of the Conveyancing Act 1919 (NSW)' 'Whether ancillary orders should be made under s 138(2) and (3) of the Real Property Act 1900 (NSW) to cancel sub-folios and issue a consolidated folio/certificate of title' 'Effect of contractual waiver of right to seek partition/trustees for sale' 'Sufficiency and appropriateness of service']

Ratio Decidendi

The plaintiffs, as authorised representatives of the co-owners, are entitled to the appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW), there being no contractual, proprietary, or equitable reason to refuse relief. Sufficient basis exists for ancillary orders under s 138(2)-(3) of the Real Property Act 1900 (NSW) because a significant number of certificates of title will not be produced and practical facilitation of sale requires consolidation and cancellation of sub-folios.

Court Disposition

Trustees for sale appointed; ancillary orders under Real Property Act 1900 (NSW) s 138(2) made.

Orders

  • ['Trustees for sale appointed in respect of the co-owned Property pursuant to s 66G of the Conveyancing Act 1919 (NSW)' 'Registrar-General is to cancel the existing sub-folios in respect of the Property, create a new consolidated folio, and issue a new Certificate of Title for the consolidated folio in the names of...