Ryan v Ryan [2011] NSWSC 1685

Ryan v Ryan [2011] NSWSC 1685

Consent orders for sale of property should stand, but the reserve price may be altered in light of the agent’s views; the net proceeds of sale are to be paid into court rather than to the defendant’s solicitor, and the application to adjourn the auction is refused given lack of proper basis.

Parties
Plaintiff: Benjamin Keil Ryan; Defendant: Helen Kay Ryan
Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Interlocutory Application / Interlocutory
Outcome
Auction to proceed as per Prior Consent Orders with altered reserve and proceeds to be paid into Court; defendant to pay plaintiff’s costs; orders made in terms of Short Minutes initialled by the judge.
Legal Topics
Administration of Estates, Resulting Trust, Proceeds of Crime, Joint Tenancy, Sale of Property by Court Order, Consent Orders
Equity Administration of Estates Resulting Trust Proceeds of Crime Joint Tenancy Sale of Property by Court Order Consent Orders

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Parties

Benjamin Keil Ryan

Plaintiff

Helen Kay Ryan

Defendant

Procedural Posture

Interlocutory Application / Interlocutory

Legal Issues

  1. 1 Whether the reserve for the auction of the property should be altered
  2. 2 Whether the auction should be postponed
  3. 3 Into which account the net proceeds of sale should be paid

Ratio Decidendi

Consent orders for sale of property should stand, but the reserve price may be altered in light of the agent’s views; the net proceeds of sale are to be paid into court rather than to the defendant’s solicitor, and the application to adjourn the auction is refused given lack of proper basis.

Court Disposition

Auction to proceed as per Prior Consent Orders with altered reserve and proceeds to be paid into Court; defendant to pay plaintiff’s costs; orders made in terms of Short Minutes initialled by the judge.

Orders

  • Auction to proceed as agreed, with reserve price altered on agent’s recommendation.
  • Net proceeds of sale to be paid into Court rather than to defendant’s solicitor.