David v Baker [2015] NSWSC 393

Supreme Court New South Wales

Medium Neutral Citation: David v Baker [2015] NSWSC 393 Hearing dates: 25 March 2015 Date of orders: 25 March 2015 Decision date: 25 March 2015 Before: Young AJA Decision: The plaintiff is entitled to the orders he seeks.

I make orders 1, 2 and 6 of the Amended Summons filed today, Wednesday 25 March 2015.

1. An order pursuant to section 66G of the Conveyancing Act 1919 (NSW) ('the Act") that James White and Atle Crowe-Maxwell ("the Trustees") be appointed trustees of the whole of the land comprised in certificate of title folio identifier 6/SP41334, known as Unit 6, 10-14 Whiting Avenue, Terrigal NSW 2260 ("the Property").

2. An order that the property be vested in the Trustees subject to any incumbrances affecting the entirety of the Property, but free from incumbrances, if any, affecting any undivided share or shares in the Property, to be held by the Trustees upon the statutory trust for sale under Division 6 of Part 4 of the Act.

6. A direction that the net proceeds of sale of the Property be applied in the following priority:

a. in payment of such agent's commission and costs of sale, including advertising expenses and legal expenses, as the Trustee may determine;

b. in payment of the Trustees' reasonable fees;

c. in payment of such debts secured on the title of the property, including the liability to Permanent Custodians Limited secured by mortgage registered no. AB530741V;

d. in payment of any amount expended by the plaintiff in improving the Property between the date of these orders and the date of the sale; and