Wicht v Pathor Pty Ltd [2000] FCA 281

Wicht v Pathor Pty Ltd [2000] FCA 281

It is not appropriate to order sale over the objection of the applicants who claim sole beneficial ownership, but the injunction may be varied to allow a sale process involving conjunction agents agreed by both sides, and requiring mutual agreement on acceptance of any offer.

Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Interlocutory Motion / Application to Vary Interlocutory Injunction
Outcome
Interlocutory injunction varied as specified; other aspects of motion dismissed.
Legal Topics
['interlocutory Relief' 'injunctions' 'sale of Land' 'beneficial Ownership' 'trust Disputes']
['equity' 'property Law' 'trusts'] ['interlocutory Relief' 'injunctions' 'sale of Land' 'beneficial Ownership' 'trust Disputes']

Case Brief

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Procedural Posture

Interlocutory Motion / Application to Vary Interlocutory Injunction

Legal Issues

  1. 1 ['Whether to vary an interlocutory injunction restraining sale of property' 'Whether the Leichhardt property should be permitted to be sold prior to final determination of beneficial ownership' 'Nature and proportion of beneficial ownership of the Leichhardt and Coffs Harbour properties']

Ratio Decidendi

It is not appropriate to order sale over the objection of the applicants who claim sole beneficial ownership, but the injunction may be varied to allow a sale process involving conjunction agents agreed by both sides, and requiring mutual agreement on acceptance of any offer.

Court Disposition

Interlocutory injunction varied as specified; other aspects of motion dismissed.

Orders

  • ['The injunction is varied to permit Pathor Pty Limited to sell the Leichhardt property only if both parties’ nominated agents are appointed as conjunction agents, all offers are submitted to both Mr and Mrs Wicht and Mr McDonald, and no offer is accepted unless agreed in writing by Mr and Mrs Wicht or their...