NSW Caselaw
New South Wales Supreme Court
CITATION : Jolevski v Jolevska [2010] NSWSC 416
HEARING DATE(S) : 2 and 3 February 2010
JUDGMENT DATE : 7 May 2010
JUDGMENT OF : McLaughlin AsJ
1. I make orders as in prayers 1 to 7 in the summons. DECISION : 2. I order that the costs of each party be paid out of the proceeds of sale of the property referred to in prayer 1 in the summons ("the subject property"). 3. I reserve to the parties liberty to apply, within 14 days of the date hereof, for a variation of order 2 herein. 4. I reserve to the parties and to the Public Trustee liberty to apply in respect to the sale of the subject property.
CATCHWORDS : REAL PROPERTY - co-ownership - statutory trust for sale - discretion of Court to refuse order - alleged agreement which would deprive Plaintiff from prima facie right to relief - proprietary estoppel - unconscionable conduct.
LEGISLATION CITED : Conveyancing Act 1919 Statute of Frauds of 1677 (29 Car. II c. 3)
CATEGORY : Principal judgment
Ex parte Permanent Trustee Nominees (Canberra) [1989] 1 QdR 314 Ngatoa v Ford (1990) 19 NSWLR 72 Woodson (Sales) Pty Ltd v Woodson (Aust) Pty Ltd (1996) 7 BPR 14,685 CASES CITED : Callahan v O'Neill [2002] NSWSC 877 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd [2003] HCA 18; 214 CLR 51 Vukic v Grbin [2006] NSWSC 41 Tory v Tory [2007] NSWSC 1078 Simpson-Cook v Delaforce [2009] NSWSC 357;
PARTIES : Blagojce Jolevski (Plaintiff) Marija Jolevska (Defendant)
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