Felton v Rasity [2001] NSWSC 555

Felton v Rasity [2001] NSWSC 555

The appointment of trustees for sale is appropriate where co-owners cannot agree on a buyout, despite personal hardship; parties may be granted opportunity to purchase the property before a sale proceeds.

Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Application by Summons / Judgment at First Instance
Outcome
Orders granted as per the summons, with additional directions for vacant possession, proceeds division, and costs.
Legal Topics
['appointment of Trustee' 'sale of Property' 'tenants in Common']
['real Property' 'equity'] ['appointment of Trustee' 'sale of Property' 'tenants in Common']

Case Brief

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Procedural Posture

Application by Summons / Judgment at First Instance

Legal Issues

  1. 1 ['Whether trustees should be appointed for the sale of property under s 66G of the Conveyancing Act 1919 (NSW)' 'Whether either party should be allowed to purchase the property' "Consideration of defendant's hardship and health"]

Ratio Decidendi

The appointment of trustees for sale is appropriate where co-owners cannot agree on a buyout, despite personal hardship; parties may be granted opportunity to purchase the property before a sale proceeds.

Court Disposition

Orders granted as per the summons, with additional directions for vacant possession, proceeds division, and costs.

Orders

  • ['Orders 1, 2, 3 and 4 in the summons are made.' 'The defendant to give vacant possession within 21 days of sale arrangement.' 'Either party may apply for division of proceeds post-sale.' 'Costs to be paid out of sale proceeds.']