Scheibl v Radig [2018] NSWSC 1900

Scheibl v Radig [2018] NSWSC 1900

The plaintiff satisfied the requirements for the appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW); the defendant had adequate notice and failed to participate, and the property should be sold with proceeds distributed as set out.

Parties
Plaintiff: Kevin Frank Scheibl; Defendant: Karin Julie Radig
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Summons for Orders Under S 66 G of the Conveyancing Act 1919 (nsw) / Final Hearing and Orders
Outcome
Orders made for appointment of trustees and sale of property under statutory trust for sale.
Legal Topics
Appointment of Trustees for Sale, Statutory Trust for Sale, Co Ownership of Property
Equity Conveyancing Appointment of Trustees for Sale Statutory Trust for Sale Co Ownership of Property

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Parties

Kevin Frank Scheibl

Plaintiff

Karin Julie Radig

Defendant

Procedural Posture

Summons for Orders Under S 66 G of the Conveyancing Act 1919 (nsw) / Final Hearing and 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)
  2. 2 Appropriate orders for sale and distribution of proceeds

Ratio Decidendi

The plaintiff satisfied the requirements for the appointment of trustees for sale under s 66G of the Conveyancing Act 1919 (NSW); the defendant had adequate notice and failed to participate, and the property should be sold with proceeds distributed as set out.

Court Disposition

Orders made for appointment of trustees and sale of property under statutory trust for sale.

Orders

  • Kaye Loder and Dib Chidiac appointed as trustees for the sale of the property at 4/247P Burwood Road, Concord NSW.
  • Property to vest in the trustees subject to existing encumbrances and held on statutory trust for sale.