Lucky Developments v Hsu [1999] NSWSC 412

Lucky Developments v Hsu [1999] NSWSC 412

Order for partition refused because proposed partition would leave the majority interest holder (plaintiff) with land substantially less than its entitlement or require unreasonably large equality moneys, making such partition neither sensible nor appropriate in circumstances of vacant land. Trustees for sale to be appointed under s66G Conveyancing Act 1919.

Parties
Plaintiff: Lucky Developments Pty. Ltd.; First Defendant: Jung-Kang Hsu; Second Defendant: Tao Hsu
Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Equity Proceedings / Judgment
Outcome
Order for appointment of trustees for sale granted; partition refused.
Legal Topics
Co Owners, Statutory Trust for Sale, Partition, Appointment of Trustees, Equality Moneys
Real Property Equity Co Owners Statutory Trust for Sale Partition Appointment of Trustees Equality Moneys

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Parties

Lucky Developments Pty. Ltd.

Plaintiff

Jung-Kang Hsu

First Defendant

Tao Hsu

Second Defendant

Procedural Posture

Equity Proceedings / Judgment

Legal Issues

  1. 1 Whether an order should be made for the appointment of trustees to hold the property on statutory trust for sale or for partition
  2. 2 Whether partition would be more beneficial to co-owners as per s66G Conveyancing Act 1919
  3. 3 Extent and appropriateness of equality moneys in event of partition

Ratio Decidendi

Order for partition refused because proposed partition would leave the majority interest holder (plaintiff) with land substantially less than its entitlement or require unreasonably large equality moneys, making such partition neither sensible nor appropriate in circumstances of vacant land. Trustees for sale to be appointed under s66G Conveyancing Act 1919.

Court Disposition

Order for appointment of trustees for sale granted; partition refused.

Orders

  • Trustees appointed to sell property with power to sell as a whole or in lots and to consolidate or re-subdivide lots as they think fit.
  • Each party given right to bid at sale.