NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Tompkins v Gorton [2024] NSWSC 716 Hearing dates: 12 June 2024 Decision date: 12 June 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: See [20] Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Appointment of trustees — Where first defendant not active in proceedings — Where active parties agree plaintiff has a beneficial interest Legislation Cited: Bankruptcy Act 1966 s 58 Conveyancing Act 1919 (NSW) s 66G Jurisdiction of Court (Cross-vesting) Act 1987 (Qld) s 4 Jurisdiction of Court (Cross-vesting) Act 1987 (NSW) s 9 Property Law Act 1974 (Qld) s 38 Uniform Civil Procedure Rules 2005 (NSW) r 29.7 Trustee Act 1925 (NSW) s 71 Trustee Act 1973 (Qld) s 82 Cases Cited: Elite Realty Development Pty Ltd v Sadek [2022] NSWSC 1333 Re Central Management (NSW) Pty Ltd (in liq) [2017] NSWSC 1258 Foundas v Arambatzis [2020] NSWCA 47 Crocombe v Pine Forests of Australia Pty Ltd [2005] NSWSC 151 Category: Principal judgment Parties: Clive Lindsay Tompkins (Plaintiff) John Damien Gorton (First Defendant) Cindy Melissa Robson (Second Defendant) Westpac Banking Corporation (Third Defendant) Representation: Counsel: T Rollo (Plaintiff) C Hamilton-Jewell (Third Defendant)
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