Richards v Withers [2010] NSWSC 1158

New South Wales Supreme Court

CITATION : Richards v Withers [2010] NSWSC 1158

HEARING DATE(S) : 11 October 2010

JUDGMENT DATE : 14 October 2010

JUDGMENT OF : Hallen AsJ

1. Parties and agent to comply with District Court orders. 2. Agent to determine whether necessary to appoint one or two conjunction agents to assist in marketing the Gannons Creek property. 3. Grant leave to the agent to approach the Court for directions or orders to assist in implementing sale or in implementing orders. DECISION : 4. Defendant to vacate property no later than 14 days after auction. 5. Defendant in the meantime to pay $200 per week by way of rent or occupation fee, the first of such payments to be made 7 days after judgment delivered. 6. Liberty to apply granted. 7. Parties to bring in Short Minutes. 8. If parties are unable to reach agreement submissions on costs at the time orders are made.

CATCHWORDS : FAMILY LAW - de facto relationships - existing orders of District Court adjusting parties' interests in property under Property (Relationships) Act - one order made being 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 - whether order appointing trustees for sale should be made

Civil Procedure Act, 2005 LEGISLATION CITED : Conveyancing Act 1919, s 66G Property (Relationships) Act 1984, ss 9, 13, 20(1) Uniform Civil Procedure Rules 2005, rule 27.1