Blackwell v Blackwell [2020] NSWSC 1208

Blackwell v Blackwell [2020] NSWSC 1208

The plaintiff, as a co-owner, is entitled under s 66G of the Conveyancing Act 1919 (NSW) to an order for sale of the property, and to contribution from the defendant for excess payments made towards mortgage repayments and council rates since 2015, with potential inclusion of insurance premiums if they represent joint liabilities.

Parties
Plaintiff: Adam Thomas Blackwell; Defendant: Nathan John Blackwell
Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Principal Judgment / Final Orders After Hearing
Outcome
Orders for sale, appointment of trustees, direction for account of joint liabilities, adjournment, and costs awarded to plaintiff.
Legal Topics
Appointment of Trustees for Sale, Co Ownership, Contribution to Joint Liabilities, Conveyancing Act 1919 (nsw), S 66 G
Equity Land Law Appointment of Trustees for Sale Co Ownership Contribution to Joint Liabilities Conveyancing Act 1919 (nsw), S 66 G

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Adam Thomas Blackwell

Plaintiff

Nathan John Blackwell

Defendant

Procedural Posture

Principal Judgment / Final Orders After Hearing

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order for sale under s 66G of the Conveyancing Act 1919 (NSW)
  2. 2 Whether the plaintiff is entitled to contribution from the defendant for joint liabilities paid since 2015

Ratio Decidendi

The plaintiff, as a co-owner, is entitled under s 66G of the Conveyancing Act 1919 (NSW) to an order for sale of the property, and to contribution from the defendant for excess payments made towards mortgage repayments and council rates since 2015, with potential inclusion of insurance premiums if they represent joint liabilities.

Court Disposition

Orders for sale, appointment of trustees, direction for account of joint liabilities, adjournment, and costs awarded to plaintiff.

Orders

  • Liam Bailey and Christopher John Palmer of O'Brien Palmer appointed trustees for sale pursuant to s 66G of Conveyancing Act 1919 (NSW).
  • Property vested in trustees upon statutory trust for sale under Division 6 of Part 4 of Conveyancing Act 1919 (NSW).