Ibrahim v Ibrahim [2022] NSWSC 1680

Ibrahim v Ibrahim [2022] NSWSC 1680

There was no severance of the joint tenancy established by agreement or conduct. There was no binding agreement, estoppel, or other equitable ground to refuse the application for trustees for sale under s 66G. The requirements of s 66G are satisfied; Ms Ibrahim's entitlement to contribution for rates is recognised, and trustees for sale are to be appointed, with the parties to confer on final orders.

Jurisdiction
Australia
Judgment Date
08 December 2022
Procedural Posture
Principal Judgment / Judgment
Outcome
Parties to confer on orders for sale; if no agreement, each to propose final orders; liberty to apply.
Legal Topics
['co Ownership' 'statutory Trust for Sale' 'severance of Joint Tenancy']
['land Law' 'equity'] ['co Ownership' 'statutory Trust for Sale' 'severance of Joint Tenancy']

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Procedural Posture

Principal Judgment / Judgment

Legal Issues

  1. 1 ['Whether the joint tenancy has been severed' 'Whether the court should exercise its discretion to refuse an order for sale under s 66G of the Conveyancing Act 1919 (NSW)' 'Appropriate orders regarding sale, trustees, and payment of costs']

Ratio Decidendi

There was no severance of the joint tenancy established by agreement or conduct. There was no binding agreement, estoppel, or other equitable ground to refuse the application for trustees for sale under s 66G. The requirements of s 66G are satisfied; Ms Ibrahim's entitlement to contribution for rates is recognised, and trustees for sale are to be appointed, with the parties to confer on final orders.

Court Disposition

Parties to confer on orders for sale; if no agreement, each to propose final orders; liberty to apply.

Orders

  • ['The parties to confer with a view to agreeing on orders giving effect to this judgment.' 'If unable to agree, each party to provide their version of final orders with submissions to the Associate to Peden J by 3 February 2023.' "Liberty to apply on 3 days' notice."]