Simone Starr-Diamond v Talus Diamond (No. 3) [2013] NSWSC 351

Simone Starr-Diamond v Talus Diamond (No. 3) [2013] NSWSC 351

Pursuant to the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) and the Partition Act 1869 (Tas), the Supreme Court of NSW has jurisdiction to appoint impartial trustees for sale of Tasmanian properties co-owned by the parties, and the defendant's application is granted as notice was properly given and all statutory preconditions satisfied.

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Motion Regarding Appointment of Trustees for Sale / Post Judgment/consequential Orders
Outcome
Trustees for Sale appointed for the two Tasmanian properties. Plaintiff to pay defendant's costs of this motion.
Legal Topics
['partition of Land' 'statutory Trust for Sale' 'appointment of Trustees for Sale' 'cross Vesting Jurisdiction']
['real Property' 'equity'] ['partition of Land' 'statutory Trust for Sale' 'appointment of Trustees for Sale' 'cross Vesting Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion Regarding Appointment of Trustees for Sale / Post Judgment/consequential Orders

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has power to appoint trustees for sale for Tasmanian properties under the cross-vesting legislation' 'Whether the defendant made out the necessary case for appointment of trustees for sale' "What special terms, if any, should attach to the trustees' appointment"]

Ratio Decidendi

Pursuant to the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) and the Partition Act 1869 (Tas), the Supreme Court of NSW has jurisdiction to appoint impartial trustees for sale of Tasmanian properties co-owned by the parties, and the defendant's application is granted as notice was properly given and all statutory preconditions satisfied.

Court Disposition

Trustees for Sale appointed for the two Tasmanian properties. Plaintiff to pay defendant's costs of this motion.

Orders

  • ["Anthony James Mihal and Eleanor Esme James appointed as trustees for sale of Ambleside and Baker's Beach Properties in Tasmania." 'Properties vested in trustees for sale to be completed before 31 January 2014 under relevant statutes.' 'Specific steps ordered regarding surrender of title, market valuation, sale...