Crocombe v Pine Forests of Australia Pty Ltd (No 2) [2005] NSWSC 245

Crocombe v Pine Forests of Australia Pty Ltd (No 2) [2005] NSWSC 245

Orders for appointment of trustees for sale are made as the appropriate mechanism for resolving issues involving co-owners and co-mortgagees of undivided shares in land, in accordance with s 66G of the Conveyancing Act, 1919. Accounts will not be ordered before sale given lack of funds and practicality.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 March 2005
Procedural Posture
Corporations / Post Judgment Orders
Outcome
Orders for appointment of trustees for sale made under s 66G of Conveyancing Act, 1919.
Legal Topics
['appointment of Trustees for Sale' 'co Owners of Undivided Shares' 'co Mortgagees' 'conveyancing Act S 66 G']
['corporations' 'equity'] ['appointment of Trustees for Sale' 'co Owners of Undivided Shares' 'co Mortgagees' 'conveyancing Act S 66 G']

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Procedural Posture

Corporations / Post Judgment Orders

Legal Issues

  1. 1 ['What orders should be made where the scheme involves co-owners or co-mortgagees of undivided shares in land' 'Whether accounts should be ordered before the sale of land']

Ratio Decidendi

Orders for appointment of trustees for sale are made as the appropriate mechanism for resolving issues involving co-owners and co-mortgagees of undivided shares in land, in accordance with s 66G of the Conveyancing Act, 1919. Accounts will not be ordered before sale given lack of funds and practicality.

Court Disposition

Orders for appointment of trustees for sale made under s 66G of Conveyancing Act, 1919.

Orders

  • ['Trustees for sale appointed to sell the property under s 66G of the Conveyancing Act, 1919.' 'Representative order made for purpose of s 66G application.' 'Orders made in accordance with drafts submitted by R G McHugh and L G Foster SC.']