Dyson v Holden [2010] NSWSC 1494

Dyson v Holden [2010] NSWSC 1494

Given the defendant's default and absence of any equitable reason to refuse enforcement or to vary the orders, the court appointed the plaintiff as trustee for sale and vested the property in him to effect the agreed outcome.

Source-derived case information.

Parties
Plaintiff: Bruce James Dyson; Defendant: Tina-Louise Holden
Jurisdiction
Australia
Judgment Date
10 December 2010
Procedural Posture
Property Dispute Under the Property (relationships) Act 1984 (nsw) / Enforcement of Consent Orders and Appointment of Trustee for Sale
Outcome
Orders made for appointment of plaintiff as trustee for sale, vesting of property, and indemnity costs. Application for further extension of time by defendant refused.
Legal Topics
Consent Orders, Enforcement of Orders, Trustee for Sale, Variation of Orders, Equity Discretion, Specific Performance
Equity Property Law Consent Orders Enforcement of Orders Trustee for Sale Variation of Orders Equity Discretion Specific Performance

Source-derived case record

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Parties

Bruce James Dyson

Plaintiff

Tina-Louise Holden

Defendant

Procedural Posture

Property Dispute Under the Property (relationships) Act 1984 (nsw) / Enforcement of Consent Orders and Appointment of Trustee for Sale

Legal Issues

  1. 1 Whether consent orders under s 20 of the Property (Relationships) Act 1984 (NSW) should be enforced
  2. 2 Whether it is equitable to appoint the plaintiff as trustee for sale and to vest the property in him
  3. 3 Whether time for compliance with consent orders should be extended

Ratio Decidendi

Given the defendant's default and absence of any equitable reason to refuse enforcement or to vary the orders, the court appointed the plaintiff as trustee for sale and vested the property in him to effect the agreed outcome.

Court Disposition

Orders made for appointment of plaintiff as trustee for sale, vesting of property, and indemnity costs. Application for further extension of time by defendant refused.

Orders

  • The plaintiff is appointed as trustee for the sale of the property at 68 Waratah Crescent, Sanctuary Point, New South Wales, being Lot 185, DP 318167.
  • The property is vested in the plaintiff as trustee for sale, subject to incumbrances.