Groch v Knights [2018] NSWSC 1365

Groch v Knights [2018] NSWSC 1365

Ms Groch was entitled to the appointment of trustees for sale of the co-owned property as a matter of right under s 66G of the Conveyancing Act 1919 (NSW), as no legal bar existed and hardship or disadvantage to Mr Knights is not a ground for refusal; accounting between co-owners for improvements, occupation, mortgage repayments, or rates may be resolved separately and does not preclude making a s 66G order.

Parties
Plaintiff: Larissa Jane Groch; Defendant: Keith Charles Knights
Jurisdiction
Australia
Judgment Date
06 September 2018
Procedural Posture
Application Under Conveyancing Act 1919 (nsw) S 66 G / Final Judgment at First Instance
Outcome
Trustees appointed for sale; property vested in trustees; division of proceeds to be resolved; costs reserved.
Legal Topics
Trustees for Sale, Co Ownership, Accounting Between Co Owners, Statutory Trust for Sale
Equity Real Property Trustees for Sale Co Ownership Accounting Between Co Owners Statutory Trust for Sale

Case Brief

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Parties

Larissa Jane Groch

Plaintiff

Keith Charles Knights

Defendant

Procedural Posture

Application Under Conveyancing Act 1919 (nsw) S 66 G / Final Judgment at First Instance

Legal Issues

  1. 1 Whether to appoint trustees for sale of co-owned property under s 66G of Conveyancing Act 1919 (NSW)
  2. 2 Whether hardship or unfairness is a basis to refuse an application under s 66G
  3. 3 Whether the Court can appoint trustees for sale before resolving accounting between co-owners

Ratio Decidendi

Ms Groch was entitled to the appointment of trustees for sale of the co-owned property as a matter of right under s 66G of the Conveyancing Act 1919 (NSW), as no legal bar existed and hardship or disadvantage to Mr Knights is not a ground for refusal; accounting between co-owners for improvements, occupation, mortgage repayments, or rates may be resolved separately and does not preclude making a s 66G order.

Court Disposition

Trustees appointed for sale; property vested in trustees; division of proceeds to be resolved; costs reserved.

Orders

  • Appoint Ken Herd and Daniel Whitely as trustees for sale under s 66G for the property at Blackhorse Creek Road, Kyogle NSW.
  • Land to vest in the trustees subject to whole property incumbrances, free of any affecting undivided share, to be held on statutory trust for sale.