Chen v Cheung [2023] NSWSC 331

Chen v Cheung [2023] NSWSC 331

The defendant established no reason why an order appointing trustees for sale should not be made; the parties' inability to agree on the method and procedure for sale supported granting the order, and no objection was taken to the nominated trustees.

Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Summons for Orders Under S 66 G of the Conveyancing Act 1919 (nsw) Appointing Trustees for Sale of Co Owned Strata Title Property / Ex Tempore Judgment (revised); Orders Made on 31 March 2023
Outcome
Trustees for sale appointed pursuant to s 66G of the Conveyancing Act 1919 (NSW).
Legal Topics
['co Ownership' 'statutory Trust for Sale' 'appointment of Trustees for Sale' 'conveyancing Act 1919 (nsw) S 66 G']
['equity' 'real Property'] ['co Ownership' 'statutory Trust for Sale' 'appointment of Trustees for Sale' 'conveyancing Act 1919 (nsw) S 66 G']

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Procedural Posture

Summons for Orders Under S 66 G of the Conveyancing Act 1919 (nsw) Appointing Trustees for Sale of Co Owned Strata Title Property / Ex Tempore Judgment (revised); Orders Made on 31 March 2023

Legal Issues

  1. 1 ['Whether trustees should be appointed for sale of the co-owned property under s 66G of the Conveyancing Act 1919 (NSW).' 'Whether the defendant established a reason why an order for sale with appointed trustees should not be made.']

Ratio Decidendi

The defendant established no reason why an order appointing trustees for sale should not be made; the parties' inability to agree on the method and procedure for sale supported granting the order, and no objection was taken to the nominated trustees.

Court Disposition

Trustees for sale appointed pursuant to s 66G of the Conveyancing Act 1919 (NSW).

Orders

  • ['Mario Di Lizio and Wen Qing Chen, solicitors, are appointed trustees of all the land in Folio Identifier 6/SP 90840, known as C 203/2 Livingstone Avenue, Pymble NSW 2073 (the Land).' 'The Land be vested in the trustees subject to encumbrances affecting the entirety, but free from encumbrances affecting any...