Rima Abood v Chakib Carlo Gabrielle [2022] NSWSC 912

Supreme Court New South Wales

Medium Neutral Citation: Rima Abood v Chakib Carlo Gabrielle [2022] NSWSC 912 Hearing dates: 1, 4, 5 July 2022 Decision date: 08 July 2022 Jurisdiction: Equity - Real Property List Before: Hammerschlag CJ in Eq Decision: Orders for the appointment of trustees for sale Catchwords: REAL PROPERTY – Conveyancing Act 1919 (NSW) s 66G(1) – application for the appointment of trustees for the sale of property – where parties are co-owners and the first defendant seeks to assert that the plaintiff has no beneficial interest in the property and holds it on trust for him in circumstances where, in breach of directions of the Court, he has served no evidence and the Court declines his application to adjourn the hearing – HELD – no basis established for not making the order – trustees for sale appointed. Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Cases Cited: Barel v Segal (No 2) [2012] NSWSC 1054 Chamberlain (as liquidator of Gerard Cassegrain and Co Pty Ltd (in liq)) v Cassegrain [2015] NSWSC 1838 Foundas v Arambatzis [2020] NSWCA 47 Gabrielle v Palmer [2011] FMCA 44 Segal v Barel (2013) 84 NSWLR 193 Category: Principal judgment Parties: Rima Abood – Plaintiff Chakib Carlo Gabrielle – First Defendant – Self Represented Christopher John Palmer – Second Defendant Representation: Counsel: N Kulkarni – Plaintiff Chakib Carlo Gabrielle – First Defendant – Self-Represented J Parrish – Second Defendant