Bowden v Bowden (No. 3) [2022] NSWSC 162

Supreme Court New South Wales

Medium Neutral Citation: Bowden v Bowden (No. 3) [2022] NSWSC 162 Hearing dates: 23 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Equity Before: Slattery J Decision: Referee's report adopted with variation in relation to the non-financial claims of the defendant/cross claimant. Grant a stay on the appointment of trustees for sale to a near-term future date sufficient to give the plaintiff an opportunity to exercise any rights of appeal. Order for possession made in favour of the trustees for sale. Writ for possession not to be executed before a nominated future date. Each party ordered to pay their own costs of the proceedings before Pembroke J. An order for costs made that the plaintiffs pay 80% of the Defendants/Cross Claimants' costs of the balance of the proceedings. Directions made for fixing a specified gross sum instead of assessed costs. Catchwords: CIVIL PROCEDURE – alternative dispute resolution – Court referral to a referee – Uniform Civil Procedure Rules 2005, r 20 – proceedings between co-owners referred to a referee to determine their respective financial and non-financial contributions to the property to determine their final interests in it, varying those interests from a baseline of equal ownership – the defendants seek orders that the referee's report be adopted – the plaintiffs resist the making of such an order – previous judgment indicating that the report will be adopted but could be varied and the defendants were given options as to which course they wish to take in relation to the adoption and variation of the report – defendants declare an option – upon what terms should the report be adopted – what variation should be made to the report. TRUSTEES FOR SALE – co-owners of land – one co-owner seeks upon the trustees for sale – whether the trustees for sale should be appointed – one co-owner seeks to buy out the other co-owner – whether the appointment of trustees for sale should be further stayed. Legislation Cited: Civil Procedure Act 2005, ss 56,57, 98(4)(c) Conveyancing Act 1919, s 66G Uniform Civil Procedure Rules 2005, rr 20, r 20.24(1)(a) Cases Cited: Bowden v Bowden (unreported, 10 April 2019, Pembroke J) Bowden v Bowden [2020] NSWSC 1863 Bowden v Bowden (No. 2) [2021] NSWSC 1625 Category: Consequential orders Parties: First Plaintiff: Kevin Alwyn Bowden First Defendant: Julie Gaye Bowden Second Defendant: Ian Bowden Representation: Counsel: First and Second Defendant: D. Eardley