Sutherland v Rogic [2011] NSWSC 712

Supreme Court New South Wales

Medium Neutral Citation: Sutherland v Rogic [2011] NSWSC 712 Hearing dates: 6 July 2011 Decision date: 06 July 2011 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: 1. Leave granted to the plaintiff to proceed with the summons pursuant to rule 11.4(1) of the Uniform Civil Procedure Rules 2005 (NSW). 2. Order for the sale of the property. 3. Direct the second defendant to issue a new certificate of title to the plaintiff. Catchwords: PRACTICE AND PROCEDURE - service of originating process on the defendant who resides overseas and who has not entered an appearance - whether the Court should grant leave to the plaintiff to proceed pursuant to rule 11.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) - whether personal service is required

REAL PROPERTY - where the defendant and her ex-husband are co-owners of a property - where the ex-husband has been made bankrupt and his trustee in bankruptcy seeks sale of the property as tenant-in-common - where the trustee in bankruptcy has asked the defendant whether she would like to buy out her ex-husband's interest in the property but received no reply - whether trustees for the sale of the property should be appointed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Site Foreman Pty Limited v Brand [2011] NSWSC 451 Category: Principal judgment Parties: Roderick Mackay Sutherland (plaintiff) Hayley Rogic (first defendant) The Registrar-General of NSW (second defendant) Representation: S Nash (plaintiff) File Number(s): SC 2011/196643