NSW Caselaw
New South Wales Supreme Court
CITATION : Cusick v Savage [2008] NSWSC 212
HEARING DATE(S) : 06/03/08
JUDGMENT DATE : 13 March 2008
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Orders to be made under Conveyancing Act 1919, s 66G
CATCHWORDS : FAMILY LAW - de facto relationships - existing orders of District Court adjusting parties' interests in property under Property (Relationships) Act - one such order that jointly owned property be sold and proceeds be applied in stated manner - plaintiff unable to obtain benefit of order - jurisdiction of Supreme Court to act in aid of and be auxiliary to District Court in matters under Property (Relationships) Act - REAL PROPERTY - land in co-ownership - orders appointing trustees for sale - variation of statutory trusts for sale
Conveyancing Act 1919, ss 66F(1), 66F(2)(a), 66G LEGISLATION CITED : District Court Act 1973, s 134(1)(g) Property (Relationships) Act 1984, ss 9, 13, 20(1) Uniform Civil Procedure Rules 2005, rule 27.1
CATEGORY : Principal judgment
Ayres v Evans (1981) 39 ALR 129 Forgeard v Shanahan (1994) 35 NSWLR 206 Grizonic v Suttor [2006] NSWSC 1359 Hall v Woolf [1908] HCA 74; (1908) 7 CLR 207 CASES CITED : Permanent Trustee Co Ltd v Commissioner of Stamp Duties (1986) 4 NSWLR 652 R v Frazer [1977] 2 NSWLR 867 Re Fettell (1952) 52 SR (NSW) 221 Toyama Pty Ltd v Landmark Building Developments Pty Ltd [2006] NSWSC 83 Whitehead v Whitehead [2002] NSWSC 486; (2003) NSW Conv R 56-045
PARTIES : Michelle Cusick - Plaintiff Aaron John Savage - Defendant
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