Bailey v Bailey [2024] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Bailey v Bailey [2024] NSWSC 101 Decision date: 31 January 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: The summons is dismissed with costs. Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Appointment of trustees — Where plaintiff guaranteed mortgage over property — Where defendant in default of mortgage — Whether plaintiff co-owner — Whether plaintiff a trustee Legislation Cited: Conveyancing Act 1919 (NSW) s 66G Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bailey v La Hood [2017] NSWSC 1354 Foundas v Arambatzis [2020] NSWCA 47 In the matter of Fellmane Pty Ltd (in liq) [2020] NSWSC 595 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 1344 Category: Principal judgment Parties: Bruce Bailey (Plaintiff) Glenice Bailey (First Defendant) Estate of Annette Bailey (Second Defendant) Representation: Counsel: M Youssef (Plaintiff)

Solicitors: Webbs & Boland Lawyers (Plaintiff) File Number(s): 2023/156606 Publication restriction: Nil

ex tempore JUDGMENT 1. These proceedings concern a property at Cremorne in New South Wales, being the land in folio identifier 11/SP3525 (the Property). 2. By Summons filed on 16 May 2023, the plaintiff moves the Court for orders under s 66G of the Conveyancing Act 1919 (NSW) for the appointment of trustees for sale of the Property and the distribution of the proceeds. The plaintiff claims an entitlement to part of the sale proceeds referrable to his payments made towards the mortgage over the Property.