Federal Court of Australia
Supreme Court of Norfolk Island
Stoffels v Piper (No 4) [2024] NFSC 6 File number(s): SC 1 of 2023
Judgment of: WIGNEY J
Date of judgment: 17 October 2024
Date of publication of reasons 21 October 2024
Catchwords: REAL PROPERTY – application for orders to facilitate sale of a co-owned property – where a pre-existing order allowed the Registrar to execute documents to complete the sale – where the defendant continued to obstruct the sale –orders and declarations made confirming the Registrar can facilitate sale COSTS – application for indemnity costs – where the defendant uncooperative and vexatious – where application otherwise unnecessary – indemnity costs awarded
Legislation: Partition Act 1900 (NSW) Partition Ordinance 1931-1964 (NI)
Cases cited: Stoffels v Piper [2024] NFSC 2 Stoffels v Piper (No 2) [2024] NFSC 4 Stoffels v Piper (No 3) [2024] NFSC 5
Number of paragraphs: 31
Date of hearing: 17 October 2024
Solicitor for the Plaintiff: J Brown of McIntyres Lawyers
Counsel for the Defendant: The Defendant appeared in person
ORDERS SC 1 of 2023
BETWEEN: ERIKA LEE STOFFELS Plaintiff
AND: ANDREW HARRY PIPER Defendant
order made by: WIGNEY J DATE OF ORDER: 17 OCTOBER 2024
THE COURT DECLARES THAT:
1. The execution by the Registrar of the contract between the Plaintiff, Erika Lee Stoffels, and the Defendant, Andrew Harry Piper, as vendors and Adam James Shorter and Emma Louise Shorter as purchasers dated 16 September 2024 in respect of the sale of the property described as Lot 9 of section 30 portion 75e being the land comprised in Title number 1813 Edition 8, known as 65 Captain Quintal Drive, Norfolk Island (the Property) was and is valid execution of that contract pursuant to order 7 made by the Court on 30 January 2024. THE COURT ORDERS THAT: 1. The Registrar be permitted and authorised to execute the transfer form, which is attachment JB15 to the affidavit of John Terrence Brown, sworn on 10 October 2024, on behalf of the Defendant, pursuant to order 7 of the Court dated 30 January 2024. 2. The Registrar be permitted and authorised to complete the sale of the Property pursuant to the contract between the Plaintiff and the Defendant as vendors, and Adam James Shorter and Emma Louise Shorter as purchasers, dated 16 September 2024, which is attachment JB16 to the affidavit of John Terrence Brown dated 10 October 2024, pursuant to orders 7, 10 and 11 made by the Court on 30 January 2024. 3. The Defendant pay the Plaintiff's costs of this application on an indemnity basis.
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