Boghossian v Warner [1999] NSWSC 220

Boghossian v Warner [1999] NSWSC 220

In the absence of evidence opposing the plaintiff's proposed trustee and without consent from the Public Trustee, the Court appointed Permanent Trustee Corporation Limited as statutory trustee. Further, due to the defendant's procedural conduct and delay, the Court departed from the usual order as to costs, ordering the defendant to pay the plaintiff's costs on a party and party basis.

Parties
Plaintiff: Paul Boghossian; Defendant: Peter George Warner
Jurisdiction
Australia
Judgment Date
22 March 1999
Procedural Posture
Equity Division Proceeding / Judgment on Summons for Appointment of Statutory Trustee for Sale and Related Orders
Outcome
Orders made as per paragraphs 1, 2, 3 and 4 in the Short Minutes of Order dated 22 March 1999, appointing Permanent Trustee Corporation Limited as statutory trustee, with further directions for enquiry and account, and costs to be paid by the defendant on a party and party basis.
Legal Topics
Statutory Trustees, Co Ownership of Land, Section 66 G Orders, Costs Orders
Property Law Equity Statutory Trustees Co Ownership of Land Section 66 G Orders Costs Orders

Case Brief

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Parties

Paul Boghossian

Plaintiff

Peter George Warner

Defendant

Procedural Posture

Equity Division Proceeding / Judgment on Summons for Appointment of Statutory Trustee for Sale and Related Orders

Legal Issues

  1. 1 Whether a statutory trustee for sale should be appointed under section 66G of the Conveyancing Act 1919
  2. 2 Whether the Permanent Trustee Corporation Limited or the Public Trustee should be appointed as trustee
  3. 3 Appropriate costs order in the circumstances

Ratio Decidendi

In the absence of evidence opposing the plaintiff's proposed trustee and without consent from the Public Trustee, the Court appointed Permanent Trustee Corporation Limited as statutory trustee. Further, due to the defendant's procedural conduct and delay, the Court departed from the usual order as to costs, ordering the defendant to pay the plaintiff's costs on a party and party basis.

Court Disposition

Orders made as per paragraphs 1, 2, 3 and 4 in the Short Minutes of Order dated 22 March 1999, appointing Permanent Trustee Corporation Limited as statutory trustee, with further directions for enquiry and account, and costs to be paid by the defendant on a party and party basis.

Orders

  • Permanent Trustee Corporation Limited appointed as statutory trustee for sale of 100 Adelaide Street, Meadowbank
  • Orders as in paragraphs 1, 2, 3 and 4 of Short Minutes of Order dated 22 March 1999