Coffey v Coffey [2015] NSWSC 137

Coffey v Coffey [2015] NSWSC 137

Where administrators fail to sell Lot 112 in accordance with the staged procedures of the consent orders, specific performance may be ordered to transfer Lot 112 to the plaintiff at 50% of its market valuation, provided valuation is properly obtained by administrators, with directions given to assist final determination of the motion.

Jurisdiction
Australia
Judgment Date
27 February 2015
Procedural Posture
Administration of Estates, Civil Procedure / Interlocutory Orders and Directions; Hearing of Amended Motion Seeking Orders for Specific Performance
Outcome
Directions given; matter listed for further hearing; no final orders for specific performance yet; liberty to apply granted
Legal Topics
['settlement Agreement Performance' 'specific Performance' 'cross Examination Rights' 'construction of Consent Orders' 'auction and Sale Procedures' 'indemnity for Estate Liabilities' 'division and Transfer of Real Property']
['administration of Estates' 'civil Procedure' 'contract'] ['settlement Agreement Performance' 'specific Performance' 'cross Examination Rights' 'construction of Consent Orders' 'auction and Sale Procedures' 'indemnity for Estate Liabilities' 'division and Transfer of Real Property']

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Procedural Posture

Administration of Estates, Civil Procedure / Interlocutory Orders and Directions; Hearing of Amended Motion Seeking Orders for Specific Performance

Legal Issues

  1. 1 ['Whether the administrators are obliged to transfer Lot 112 to the plaintiff upon failure to sell to third parties' "Interpretation of the settlement's sale and transfer procedures for estate land" 'Whether a pre-condition to specific performance (market valuation) may be waived by the promisee' 'Distribution of sale proceeds and indemnity for estate liabilities' 'Appropriate procedure for cross-examination of witnesses by litigant in person']

Ratio Decidendi

Where administrators fail to sell Lot 112 in accordance with the staged procedures of the consent orders, specific performance may be ordered to transfer Lot 112 to the plaintiff at 50% of its market valuation, provided valuation is properly obtained by administrators, with directions given to assist final determination of the motion.

Court Disposition

Directions given; matter listed for further hearing; no final orders for specific performance yet; liberty to apply granted

Orders

  • ["Directions for exchange of information regarding title details, auctioneers, survey reports, valuations, council enquiries, legal fees, sale expenses, fencing quotations; consultation between parties regarding fencing contractor; directions for information about appointment of plaintiff's tutor; directions to...