Reynolds v Medway [2013] NSWSC 206

Supreme Court New South Wales

Medium Neutral Citation: Reynolds v Medway [2013] NSWSC 206 Hearing dates: 15 March 2013 Decision date: 15 March 2013 Jurisdiction: Equity Division Before: Sackar J Decision: See paragraph [56] Catchwords: PARTNERSHIP - dissolution and winding up - whether conduct or words of the plaintiff amounts to requisite notice of intention of dissolution.

REAL PROPERTY - statutory trust for sale of co-owned property - whether there is an agreement between the parties justifying a refusal of s 66G orders. Legislation Cited: Conveyancing Act 1919 Partnership Act 1892 Cases Cited: Bova v Avati [2009] NSWSC 921 Hogan v Baseden (1997) 8 BPR 15,723 Ngatoa v Ford (1990) 19 NSWLR 72 Ryder v Frohlich [2004] NSWCA 472 Williams v Legg (1993) 29 NSWLR 687 Yard v Yardoo Pty Ltd [2007] VSCA 35 Category: Principal judgment Parties: Michael Gerard Reynolds (Plaintiff) Gregory Paul Medway (Defendant) Representation: Counsel: M K Rollinson (Plaintiff) In person (Defendant) Solicitors: KP Lawyers & Barristers (Plaintiff) In person (Defendant) File Number(s): 2012/359148

EX TEMPORE Judgment (revised 18 March)

Proceedings 1Michael Gerard Reynolds (the Plaintiff) filed a summons on 19 November 2012 seeking orders for the appointment of a trustee, Murray Godfrey (the Trustee) to sell the land situated at 220 Neill Street, Murrumburrah, Folio Identifier 2/1080535 (the Property) for the purpose of bringing to an end his partnership with Gregory Paul Medway (the Defendant). The particular relief claimed in the summons includes: (1)an order that the Trustee be appointed as trustee for the sale of the Property; (2)an order that the Property be vested in the Trustee for sale in accordance with Division 6 of Part 4 of the Conveyancing Act 1919; (3)an order that either party is entitled to purchase the Property; and (4)an order that if either party purchases the Property, its entitlement to the proceeds is to be set off against the sale price of the Property. 2The Plaintiff seeks other relief, including costs. However, as noted in his written submissions, the only relief sought at this stage is that specified in the first four paragraphs of his summons, as set out above.