NSW Caselaw
New South Wales Supreme Court
CITATION : Mitchell v Southwell [2006] NSWSC 664
HEARING DATE(S) : 26 June 2006
JUDGMENT DATE : 26 June 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 06/26/2006
DECISION : Interlocutory injunction refused. Plaintiff to pay defendant's costs.
CATCHWORDS : REAL PROPERTY – tenants in common – consent order made over three years ago for sale of property – defendant becomes unwilling to co-operate in procedure – appointment of trustees for sale – role of Registrar in carrying through consent orders
LEGISLATION CITED : Uniform Civil Procedure Rule
PARTIES : Diane Edna Mitchell (as Tutor for Gladys Edna Southwell) - Plaintiff Ronald Walter Southwell - Defendant
FILE NUMBER(S) : SC 5250/02
COUNSEL : R Quickenden - Plaintiff
SOLICITORS : Guardian Lawyers - Plaintiff No Appearance - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST
CAMPBELL J
MONDAY 26 JUNE 2006
5250/02 DIANE EDNA MITCHELL (AS TUTOR FOR GLADYS EDNA SOUTHWELL) v RONALD WALTER SOUTHWELL JUDGMENT – Ex Tempore 1 HIS HONOUR: This is an application made by the Protective Commissioner. The Protective Commissioner has been placed in charge of the affairs of Gladys Edna Southwell, who is now aged 87. 2 Mrs Southwell, and her son Ronald Southwell, are the registered proprietors, as tenants in common in equal shares, of the property located at 5 Oxford Drive, Lake Haven. 3 Mrs Southwell and her son lived in that property for some years, but they fell out, and she left the property. 4 On 25 October 2002, Mrs Southwell began proceedings against her son, seeking an order that the Public Trustee be appointed a trustee for sale of the property, together with various consequential orders. At that time, Mrs Southwell's daughter, Diane Mitchell, was acting as her tutor. 5 The defendant filed an application with the Guardianship Tribunal on 17 December 2002 seeking appointment of a manager to the plaintiff's assets, and that the Protective Commissioner should be that manager.
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