Hughes v Egger (No. 2) [2005] NSWSC 323

Hughes v Egger (No. 2) [2005] NSWSC 323

Trustees for sale should be appointed pursuant to s 66G Conveyancing Act (NSW) as they will be the sellers for the purpose of sale; the parties as co-owners are entitled to bid at auction despite s 66 of the Property, Stock and Business Agents Act (2002) NSW, as that section is directed at dummy bidding and not intended to restrict bona fide co-owner bidding when sale is by trustees.

Parties
Plaintiff: Desmond Barry Hughes; Defendant: Sandra June Egger
Jurisdiction
Australia
Judgment Date
05 April 2005
Procedural Posture
Equity/real Property / Orders Following Principal Judgment
Outcome
Declarations and orders made for sale of property by appointed trustees, division of proceeds according to beneficial interests, with liberty to apply and no further orders as to costs, each party bearing own costs unless already ordered.
Legal Topics
Tenants in Common, Trustees for Sale, Co Ownership, Statutory Restrictions on Auction Bidding
Real Property Equity Tenants in Common Trustees for Sale Co Ownership Statutory Restrictions on Auction Bidding

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Parties

Desmond Barry Hughes

Plaintiff

Sandra June Egger

Defendant

Procedural Posture

Equity/real Property / Orders Following Principal Judgment

Legal Issues

  1. 1 Whether co-owners may bid at auction when property is sold by trustees for sale under s 66G of Conveyancing Act (NSW) and impact of s 66 of Property, Stock and Business Agents Act (2002) NSW
  2. 2 Appropriate procedure for sale and distribution of property held as tenants in common after relationship breakdown

Ratio Decidendi

Trustees for sale should be appointed pursuant to s 66G Conveyancing Act (NSW) as they will be the sellers for the purpose of sale; the parties as co-owners are entitled to bid at auction despite s 66 of the Property, Stock and Business Agents Act (2002) NSW, as that section is directed at dummy bidding and not intended to restrict bona fide co-owner bidding when sale is by trustees.

Court Disposition

Declarations and orders made for sale of property by appointed trustees, division of proceeds according to beneficial interests, with liberty to apply and no further orders as to costs, each party bearing own costs unless already ordered.

Orders

  • Declaration as to plaintiff and defendant holding property in 41% and 59% proportions respectively.
  • Appointment of David Gregory Young and Anthony Wayne Elkerton as trustees for sale of 10 Abernethy Street, Seaforth.