Taylor v Papantoniou [2024] NSWSC 1192

Taylor v Papantoniou [2024] NSWSC 1192

Plaintiff is not a co-owner for purposes of s 66G Conveyancing Act 1919 (NSW); however, all defendants are co-owners and consent to trustee sale, so court makes orders for sale under s 66G appointing Barry Taylor and Todd Gammel as trustees.

Parties
Plaintiff: Barry Taylor; First Defendant: Peter John Papantoniou; Second Defendant: Christodoulos Papantoniou; Third Defendant: Eugenia Papantoniou; Fourth Defendant: A & E Papantoniou Super Holdings Pty Ltd as trustee for the Papantoniou Family Superannuation Fund
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Principal Judgment / Appointment of Trustees for Sale
Outcome
Orders for trustee sale granted; Barry Taylor and Todd Gammel appointed trustees for sale of Carlingford and Darlinghurst Properties.
Legal Topics
Co Ownership, Statutory Trust for Sale, Appointment of Trustees, Definition of Co Owner Under S 66 G Conveyancing Act 1919 (nsw)
Equity Real Property Land Law Co Ownership Statutory Trust for Sale Appointment of Trustees Definition of Co Owner Under S 66 G Conveyancing Act 1919 (nsw)

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Parties

Barry Taylor

Plaintiff

Peter John Papantoniou

First Defendant

Christodoulos Papantoniou

Second Defendant

Eugenia Papantoniou

Third Defendant

A & E Papantoniou Super Holdings Pty Ltd as trustee for the Papantoniou Family Superannuation Fund

Fourth Defendant

Procedural Posture

Principal Judgment / Appointment of Trustees for Sale

Legal Issues

  1. 1 Whether plaintiff is a co-owner within s 66G Conveyancing Act 1919 (NSW)
  2. 2 Whether trustee sale should be ordered
  3. 3 Who should be appointed as trustees for sale

Ratio Decidendi

Plaintiff is not a co-owner for purposes of s 66G Conveyancing Act 1919 (NSW); however, all defendants are co-owners and consent to trustee sale, so court makes orders for sale under s 66G appointing Barry Taylor and Todd Gammel as trustees.

Court Disposition

Orders for trustee sale granted; Barry Taylor and Todd Gammel appointed trustees for sale of Carlingford and Darlinghurst Properties.

Orders

  • Barry Taylor and Todd Gammel appointed trustees for sale of Carlingford Property (Folio ID 101/806685) and Darlinghurst Property (Folio ID 1/59870).
  • Properties vested in trustees upon statutory trust for sale pursuant to Part 4 Division 6 Conveyancing Act 1919 (NSW).