Ibrahim v Ibrahim [2022] NSWSC 1680

Supreme Court New South Wales

Medium Neutral Citation: Ibrahim v Ibrahim [2022] NSWSC 1680 Hearing dates: 23 November 2022 Decision date: 08 December 2022 Jurisdiction: Equity Before: Peden J Decision: (1) The parties to confer with a view to agreeing on orders giving effect to this judgment. (2) If they are unable to agree, each party is to provide their version of final orders together with no more than 3 pages of submissions to the Associate to Peden J by 3 February 2023. (3) Liberty to apply on 3 days' notice. Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Where defendant was a litigant in person — Where defendant resisted sale on the basis of an interest in another property not the subject of these proceedings — Where defendant paid rates on the subject property and would be entitled to contribution — Where plaintiff's proposed trustees not otherwise opposed LAND LAW — Co-ownership — Severance of joint tenancy — Where co-owners have not formally severed joint tenancy — Where co-owners' respective shares of the Property not determined — Where no severance by conduct or agreement Legislation Cited: Conveyancing Act 1919 (NSW) s 66G Family Law Act 1975 (Cth) Property (Relationships) Act 1984 (NSW) Real Property Act 1900 (NSW) s 97 Cases Cited: Callow v Rupchev [2009] NSWCA 148 The Trustees of the Property of Cummins v Cummins (2006) 227 CLR 278 Fenato v Antonello [2006] NSWSC 763 Ferella v Official Trustee in Bankruptcy [2011] NSWCA 411 Forgeard v Shanahan (1994) 35 NSWLR 206 Grizonic v Suttor [2004] NSWSC 137 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Leigh v Dickerson [1881-85] All ER Rep 1099 McDonald v Ellis [2018] NSWSC 278 Pascoe v Dyason [2011] NSWSC 1217 Rajski v Scitec Corporation Pty Ltd (Court of Appeal (NSW), 16 June 1986, unrep) Scott v Scott [2009] NSWSC 567 Woodson (Sales) Pty Ltd v Woodson (Aust) Pty Ltd (1996) 7 BPR 14,685 Wright v Gibbons (1949) 78 CLR 313 Texts Cited: Brendan Edgeworth, Butt's Land Law (7th ed, 2017, Lawbook Co) Category: Principal judgment Parties: Mohsen Ibrahim (Plaintiff) Amal Ibrahim (Defendant) Representation: Counsel: C Robinson (Plaintiff) A Ibrahim (Defendant, in person)