Turton v Sheekey [2006] NSWDC 135

Turton v Sheekey [2006] NSWDC 135

The defendant's lack of cooperation with the real estate agent prevented sale of the Lake Munmorah property during the prime sale period, severely damaged the plaintiff's prospects of recovering her pre-relationship asset position, and, together with the plaintiff's responsibility for the child and concerns about...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 November 2006
Procedural Posture
Civil / Amended Notice of Motion to Set Aside Orders Made in Terms of Settlement and Substitute Orders
Outcome
Plaintiff's amended notice of motion granted in part; substituted orders made in accordance with specified paragraphs of the terms of settlement, excluding reference to the chicken shop.
Legal Topics
['failure to Co Operate on Agreed Sale of Assets' 'sale of Jointly Purchased Property' 'mortgagee Sale' 'adjustment of Interests']
['de Facto Relationship' 'property'] ['failure to Co Operate on Agreed Sale of Assets' 'sale of Jointly Purchased Property' 'mortgagee Sale' 'adjustment of Interests']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Amended Notice of Motion to Set Aside Orders Made in Terms of Settlement and Substitute Orders

Legal Issues

  1. 1 ['Whether orders made in terms of settlement filed with the Court on 14 October 2005 should be set aside and substituted.' "Whether the defendant's conduct hindered the sale of the Lake Munmorah property and contributed to the mortgage shortfall." 'Whether the adjustment of interests of the parties to the relationship required orders sought by the plaintiff.' "Whether the plaintiff should be appointed trustee for sale of the defendant's property at 77 Main Road, Toukley if payments were not made."]

Ratio Decidendi

The defendant's lack of cooperation with the real estate agent prevented sale of the Lake Munmorah property during the prime sale period, severely damaged the plaintiff's prospects of recovering her pre-relationship asset position, and, together with the plaintiff's responsibility for the child and concerns about the defendant's asset dispositions, justified making the substituted orders sought, excluding orders relating to the closed chicken shop business.

Court Disposition

Plaintiff's amended notice of motion granted in part; substituted orders made in accordance with specified paragraphs of the terms of settlement, excluding reference to the chicken shop.

Orders

  • ['Orders in accordance with paragraphs 1, 2, 3, 4(a), 5, 6, 7, 8, 9, 13, 15, 16 to the exclusion of reference to the chicken shop, 17, 18, 19, 20 and 21 of the terms of settlement.' 'The plaintiff is appointed trustee of the Main Road property in the event that the payments referred to in paragraphs 2 and 3 are not...