Grizonic v Suttor [2004] NSWSC 137

Reported Decision : (2004) DFC 95-295

New South Wales Supreme Court

CITATION : Grizonic v Suttor [2004] NSWSC 137 HEARING DATE(S) : 27 February 2004 JUDGMENT DATE : 27 February 2004 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Stay refused, trustees for sale appointed

CATCHWORDS : CONVEYANCING - joint tenancy and tenancy in common - appointment of trustees for sale under section 66G Conveyancing Act 1919 - application for stay pending making and hearing of application for adjustment of property interests in that property under Property (Relationships) Act 1984 - factors relevant to grant of stay - FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - other matters - circumstances in which stay, pending determination of application for adjustment of property interests under Property (Relationships) Act 1984, of application for appointment of trustees for sale of property held in co-ownership by people formerly in de facto relationship, will be made Conveyancing Act 1919 Family Law Act 1975 (Cth) LEGISLATION CITED : Family Provision Act 1982 Partnership Act 1892 Property (Relationships) Act 1984 In the Marriage of Bak (1979) 6 Fam LR 411 Deguara v Mercieca (Supreme Court of NSW, Powell J, 23 August 1988, unreported) Dembitzer v Mills [1980] 2 NSWLR 697 In the Marriage of Esmore (1979) 5 Fam LR 762 In the Estate of Gough, Deceased; Gough v Fletcher (1973) 5 SASR 559 Hogan v Baseden (1997) 8 BPR 15,723 Lo Surdo v Public Trustee [2003] NSWSC 837 McNamara and the Conveyancing Act (1961) 78 WN (NSW) 1068 Moon v Gordon (Supreme Court of New South Wales, Young J, 30 April 1996, unreported) Ngatoa and Another v Ford and Another (1990) 19 NSWLR 72 CASES CITED : Packo and Another v Packo (1989) 17 NSWLR 316 Rayner v Schuttler, (Supreme Court of New South Wales, McLelland J, 29 January1985, unreported) In the Marriage of C A Rennie and J Higgon (1981) 7 Fam LR 715 Reynolds v Reynolds [1977] 2 NSWLR 295 In the Marriage of Sieling (1979) 4 Fam LR 713; (1979) 24 ALR 357 In the Marriage of Smith and Saywell (1980) 6 Fam LR 245 Stephens and Another v Debney (1959) 60 SR (NSW) 468 Westpac Banking Corporation v Sansom (1994) 6 BPR 13,790 Williams v Legg; Williams v Legg and Another (1993) 29 NSWLR 687 Williams v Williams [1979] 1 NSWLR 376 Woodson (Sales) Pty Ltd v Woodson (Aust) Pty Ltd (1996) 7 BPR 14,685 Claudio Grizonic - Plaintiff PARTIES : Suzanne Ranken Suttor - First Defendant Find-A-Flat Pty Ltd - Second Defendant FILE NUMBER(S) : SC 6141/03 R Killalea - Plaintiff COUNSEL : M Tyson - First Defendant No Appearance - Second Defendant Unrepresented - Plaintiff SOLICITORS : Dimocks Family Lawyers - First Defendant No Appearance - Second Defendant