Ronald Smith v Cecilene Smith (Marlin) [2005] NSWSC 27

New South Wales Supreme Court

CITATION : Ronald Smith v Cecilene Smith (Marlin) [2005] NSWSC 27

HEARING DATE(S) : Written submissions

JUDGMENT DATE : 7 February 2005

JURISDICTION : EQUITY

JUDGMENT OF : Brownie AJ

DECISION : 1. Order that the defendant cause the property known as 50 Castlereagh Street Riverstone, being the land comprised in Folio Register 1/445812 to be sold by public auction, on a date not earlier than four months and not later than six months after today's date.; 2. Order that the plaintiff give vacant possession of that property to the defendant, on or before the day before the date fixed for that auction sale.; 3. Direct the parties to confer as to the date of the said auction sale, and direct the defendant to notify the plaintiff in writing of the date and the place of the said sale, not less than two months before the date of the said auction sale.; 4. Order that, out of the net proceeds of sale of the said property there be paid to the plaintiff by way of equitable compensation two thirds of the net proceeds. For this purpose, the net proceeds shall be the gross sum received upon sale, less only the reasonable fees and expenses of the defendant's solicitor, estate agent and auctioneer, and any reasonable advertising expenses.; 5. Otherwise, action and cross action dismissed.

CATCHWORDS : No question of principle.

APPLICANT Ronald Douglas Smith PARTIES : DEFENDANT Cecilene Smith (Marlin)

FILE NUMBER(S) : SC 3589/2002

PLAINTIFF Mr ARR Vincent of Counsel COUNSEL : DEFENDANT Ms MA Gilmour

PLAINTIFF Michael Siderowitz & Co SOLICITORS : DEFENDANT McKerns