Jolevski v Jolevska [2010] NSWSC 416
The Plaintiff, as co-owner, is entitled to relief under section 66G of the Conveyancing Act since the Defendant failed to establish the existence of any binding agreement, actionable estoppel, or unconscionable conduct that would preclude appointment of a statutory trustee for sale.
- Jurisdiction
- Australia
- Judgment Date
- 07 May 2010
- Procedural Posture
- Civil / Principal Judgment
- Outcome
- Plaintiff's claim granted.
- Legal Topics
- ['co Ownership' 'statutory Trust for Sale' 'proprietary Estoppel' 'unconscionable Conduct']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Principal Judgment
Legal Issues
- 1 ['Whether the Plaintiff is entitled to relief under section 66G of the Conveyancing Act 1919 for appointment of a statutory trustee for sale of co-owned property' 'Whether any agreement (express or implied) or estoppel precludes the Plaintiff from exercising his statutory rights' 'Whether unconscionable conduct by the Plaintiff bars the relief sought']
Ratio Decidendi
The Plaintiff, as co-owner, is entitled to relief under section 66G of the Conveyancing Act since the Defendant failed to establish the existence of any binding agreement, actionable estoppel, or unconscionable conduct that would preclude appointment of a statutory trustee for sale.
Court Disposition
Plaintiff's claim granted.
Orders
- ['Orders as in prayers 1 to 7 in the summons.' 'Costs of each party to be paid out of proceeds of sale of the subject property.' 'Liberty to apply within 14 days for variation of the costs order.' 'Liberty to apply, for parties and Public Trustee, in respect to sale of the subject property.']
Full Case Text
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