John Allan Batty v Sharon Doherty and Anor [2013] NSWSC 1441

John Allan Batty v Sharon Doherty and Anor [2013] NSWSC 1441

All co-owners and the trustee in bankruptcy for the bankrupt co-owner must be joined as parties before orders for sale under Conveyancing Act 1919 s 66G can be made. Disputes between co-owners regarding payments and estoppel claim must be resolved or determined before orders.

Jurisdiction
Australia
Judgment Date
27 September 2013
Procedural Posture
Interlocutory Application / Directions Hearing With Orders for Mediation and Joinder
Outcome
Court annexed mediation ordered and directions given; proceedings adjourned for further mention.
Legal Topics
['appointment of Trustees for Sale' 'co Ownership Dispute' 'conveyancing Act 1919 S 66 G' 'bankruptcy and Co Ownership' 'promissory Estoppel' 'court Annexed Mediation']
['real Property' 'equity'] ['appointment of Trustees for Sale' 'co Ownership Dispute' 'conveyancing Act 1919 S 66 G' 'bankruptcy and Co Ownership' 'promissory Estoppel' 'court Annexed Mediation']

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Procedural Posture

Interlocutory Application / Directions Hearing With Orders for Mediation and Joinder

Legal Issues

  1. 1 ['Whether all co-owners have been properly joined and served in Conveyancing Act 1919 s 66G proceedings' 'Whether the trustee in bankruptcy for a co-owner should be joined as a party and how' 'Resolution of outstanding disputes regarding property-related payments between co-owners' 'Potential promissory estoppel defence to orders for sale']

Ratio Decidendi

All co-owners and the trustee in bankruptcy for the bankrupt co-owner must be joined as parties before orders for sale under Conveyancing Act 1919 s 66G can be made. Disputes between co-owners regarding payments and estoppel claim must be resolved or determined before orders.

Court Disposition

Court annexed mediation ordered and directions given; proceedings adjourned for further mention.

Orders

  • ['Parties to exchange points of claim by 5pm 2 October 2013' 'Parties to exchange defences by 5pm 8 October 2013' 'Order for a court annexed mediation before 15 October 2013' 'Liberty to apply' 'Proceedings adjourned to 15 October 2013 for mention']