James v James [2017] NSWSC 1309

James v James [2017] NSWSC 1309

Because the co-owners cannot agree and discretionary hardship is not itself a basis to refuse an order under s 66G, the Court must appoint independent trustees for sale with appropriate directions and adjustments, as required by statute and previous authorities.

Jurisdiction
Australia
Judgment Date
25 September 2017
Procedural Posture
Equity Proceeding / Application for Appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw), Final Orders
Outcome
Orders granting appointment of independent trustees for sale of Subject Property; directions for the conduct of sale, distribution of proceeds, and costs; with liberty to apply reserved.
Legal Topics
['statutory Trust for Sale' 'co Ownership' 'appointment of Trustees Under S 66 G' 'vesting of Property' 'market Sale of Joint Property']
['equity' 'conveyancing'] ['statutory Trust for Sale' 'co Ownership' 'appointment of Trustees Under S 66 G' 'vesting of Property' 'market Sale of Joint Property']

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Procedural Posture

Equity Proceeding / Application for Appointment of Trustees for Sale Under S 66 G of the Conveyancing Act 1919 (nsw), Final Orders

Legal Issues

  1. 1 ['Whether trustees should be appointed for sale of co-owned property under s 66G of the Conveyancing Act 1919 (NSW)' 'Whether discretionary grounds such as hardship or unfairness justify refusing orders under s 66G' 'Distribution of proceeds and adjustments for improvements/rent']

Ratio Decidendi

Because the co-owners cannot agree and discretionary hardship is not itself a basis to refuse an order under s 66G, the Court must appoint independent trustees for sale with appropriate directions and adjustments, as required by statute and previous authorities.

Court Disposition

Orders granting appointment of independent trustees for sale of Subject Property; directions for the conduct of sale, distribution of proceeds, and costs; with liberty to apply reserved.

Orders

  • ['Steven Brotherson and Simon Cathro appointed as trustees for sale of the property at 17 Keith Street, Clovelly, NSW.' 'Property vests in trustees on statutory trust for sale subject to existing encumbrances.' 'Trustees empowered to sell property by public auction with completion not before 28 February 2018.'...