Thistleton v Thistleton [2022] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Thistleton v Thistleton [2022] NSWSC 101 Hearing dates: 4 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Equity Before: Darke J Decision: Orders to be made for the sale of the co-owned property pursuant to s 66G of the Conveyancing Act. Catchwords: LAND LAW – co-ownership – statutory trust for sale – discretion of court – whether seeking order for sale is precluded by an estoppel – statements made by plaintiff that she would not make any claim on a house the defendant had placed on the land – plaintiff recognises entitlement of defendant to an adjustment to reflect contribution to sale proceeds attributable to the house – no estoppel precludes plaintiff from seeking orders for sale – not shown that partition would be more beneficial for co-owners – orders for sale to be made – Conveyancing Act 1919 (NSW), s 66G Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Cases Cited: Hogan v Baseden (1997) 8 BPR 15,723 Ferella v Official Trustee in Bankruptcy [2015] NSWCA 411 Foundas v Arambatzis [2020] NSWCA 47 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Lewin v Lewin [2019] NSWSC 380 Segal v Barel (2013) 84 NSWLR 193; [2013] NSWCA 92 Tory v Tory [2007] NSWSC 1078 Category: Principal judgment Parties: Kaye Allayne Thistleton (Plaintiff) Janelle Theloy Thistleton (Defendant) Representation: Counsel: Ms J Gatland (Plaintiff)

Solicitors: Clark Rideaux Solicitors (Plaintiff) In person (Defendant) File Number(s): 2021/268500 Publication restriction: None