Pappas v Priakos [2007] NSWSC 570

Pappas v Priakos [2007] NSWSC 570

The Court may make further orders under a 'liberty to apply' provision to authorise a new sale where the previous contract failed and the new sale is more advantageous to the estate and not to the detriment of the other party.

Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Equity / Application for Further Order Authorising Sale
Outcome
Further order made authorising sale to different purchaser on more advantageous terms.
Legal Topics
['orders Setting Aside or Varying' 'liberty to Apply']
['equity'] ['orders Setting Aside or Varying' 'liberty to Apply']

Case Brief

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Procedural Posture

Equity / Application for Further Order Authorising Sale

Legal Issues

  1. 1 ['Whether the Court should authorise sale of property to a different purchaser on more advantageous terms after prior order authorising sale to previous purchaser was made and that sale failed']

Ratio Decidendi

The Court may make further orders under a 'liberty to apply' provision to authorise a new sale where the previous contract failed and the new sale is more advantageous to the estate and not to the detriment of the other party.

Court Disposition

Further order made authorising sale to different purchaser on more advantageous terms.

Orders

  • ['Authorise Nicholas George Pappas, as executor, to sell Unit 9/1 Wyuna Road, Point Piper to Grappa Pty Limited as trustee for the Surmer Family Trust at $625,000 and on the terms of draft contract PX02.' 'Costs of the application to be paid out of the estate of the late Andreanna Pritchett.' 'Nicholas George Pappas...