Bremner v French (No 4); Aesthete 101 Pty Ltd v Stone [2024] NSWSC 793

Supreme Court New South Wales

Medium Neutral Citation: Bremner v French (No 4); Aesthete 101 Pty Ltd v Stone [2024] NSWSC 793 Hearing dates: 6, 20 June 2024 Date of orders: 20 June 2024 Decision date: 27 June 2024 Jurisdiction: Equity Before: Parker J Decision: See [147] Catchwords: CIVIL PROCEDURE — federal jurisdiction — special federal matters — Bankruptcy Act 1966 (Cth) — personal insolvency agreement — debtor a co-owner of five properties subject to orders appointing statutory trustee for sale — debtor assigns interest in three of the properties to PIA trustee — PIA trustee assigns debtor's interest to purchasers — proceedings by purchasers against sale trustee and other co-owner to obtain registration — whether jurisdiction "in bankruptcy" REAL PROPERTY — statutory trust for sale — Torrens title — properties remain registered in names of co-owners following order appointing sale trustee — co-owner assigns shares of properties to purchasers — claim by assignees to require sale trustee and other co-owner to assist in obtaining registration refused — nature of assigning co-owner's interest — nature of assignees' entitlements — whether a "statutory trust" rather than a trust in the strict sense — Property Law Act 1958 (Vic), Part IV — claim refused — application by assignees to vary sale orders — orders substantive or mechanical — Woods v Sheriff of Queensland (1895) 6 QLJ 163 — discretion — failure to join assigning co-owner — standing — application refused Legislation Cited: Bankruptcy Act 1966 (Cth) Conveyancing Act 1919 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Property Law Act 1958 (Vic) Property Law Act 1974 (Qld) Real Property Act 1900 (NSW) Transfer of Land Act 1958 Trustee Act 1925 (NSW) Trustee Act 1958 (Vic) Cases Cited: Abbott v Pegler (1980) 1 BPR 9267 Bremner v French (No 3) [2023] NSWSC 1488 Burgess v Booth [1908] 2 Ch 648 French v Bremner [2019] NSWSC 1033 French v Bremner (No 2) [2019] NSWSC 1504 Harb v Harb [2010] NSWSC 1251 John Alexander's Clubs Pty Ltd v White City Tennis Club (2010) 241 CLR 1 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Nullagine Investments Pty Ltd v Western Australian Club Inc (1993) 177 CLR 635 Re Galtari Pty Ltd [2018] NSWSC 917 Registrar of Accident Compensation Tribunal v Commissioner of Taxation (1993) 178 CLR 145 Rookwood General Cemeteries Reserve Land Manager v Attorney-General NSW [2022] NSWSC 1763 Woods v Sheriff of Queensland (1895) 6 QLJ 163 Texts Cited: Edgeworth B, Butt's Land Law (7th ed, 2017, Thomson Reuters) Heydon JD, Leeming MJ and Turner PG, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2015) Heydon JD, Leeming MJ, Jacobs' Law of Trusts in Australia (2016, 8th ed, LexisNexis Butterworths) Victorian Law Reform Commission, Disputes Between Co-owners: Discussion Paper, (June 2001) Victorian Law Reform Commission, Disputes Between Co-owners: Report, (December 2001) Victorian Legislative Assembly, Parliamentary Debates (Hansard), 14 September 2005 Category: Consequential orders Parties: Proceedings 2014/101136 Second Cross-Claim