Bowling v Bowling (No 3) [2012] NSWSC 1069

Bowling v Bowling (No 3) [2012] NSWSC 1069

Given the plaintiff’s resistance, delay, and ongoing conflict, as well as her continuing interest in acquiring the property herself in a falling market, the appointment of independent trustees is necessary to ensure a timely and impartial sale, protecting both parties' interests in accordance with previous court orders.

Jurisdiction
Australia
Judgment Date
13 August 2012
Procedural Posture
Consequential Orders / Post Judgment Application for Enforcement and Variation of Previous Property Orders
Outcome
Defendant's application granted; trustees to be appointed for the sale of the property.
Legal Topics
['enforcement of Judgments' 'trustee Appointment' 'co Ownership Dispute' 'property Sale' 'adjustment of Property Interests']
['equity' 'property Law' 'family Law'] ['enforcement of Judgments' 'trustee Appointment' 'co Ownership Dispute' 'property Sale' 'adjustment of Property Interests']

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Procedural Posture

Consequential Orders / Post Judgment Application for Enforcement and Variation of Previous Property Orders

Legal Issues

  1. 1 ['Whether trustees should be appointed for the sale of co-owned property under s 138(g) of the Property (Relationships) Act 1984 and s 70 Trustee Act 1925; whether the plaintiff should be ordered to vacate the property; whether delay in sale warrants court intervention']

Ratio Decidendi

Given the plaintiff’s resistance, delay, and ongoing conflict, as well as her continuing interest in acquiring the property herself in a falling market, the appointment of independent trustees is necessary to ensure a timely and impartial sale, protecting both parties' interests in accordance with previous court orders.

Court Disposition

Defendant's application granted; trustees to be appointed for the sale of the property.

Orders

  • ['Trustees to be appointed to effect sale of the property at McMasters Beach formerly co-owned by the parties.' 'Trustees to have power over all matters regarding sale, including decisions about method and price of sale, subject to an agreed minimum price of $1,000,000.' 'Adjustment to prior orders to account for...