M Matta & Ors v C Matta [2015] NSWSC 963

Supreme Court New South Wales

Medium Neutral Citation: M Matta & Ors v C Matta [2015] NSWSC 963 Hearing dates: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Equity Division Before: Black J Decision: Order that trustees for sale be appointed under s 66G of the Conveyancing Act 1919 (NSW). Order that the costs of the proceedings be borne out of Ms Cilia Matta's share of the sale proceeds of the property. Catchwords: REAL PROPERTY – termination of co-ownership – where majority of co-owners wish to proceed to sale – where co-owner who was opposed to sale did not appear at hearing – whether appointment of trustee for sale under s 66G of the Conveyancing Act 1919 (NSW). Legislation Cited: - Conveyancing Act 1919 (NSW) s 66G

- Uniform Civil Procedure Rules 2005 (NSW) r 29.7 Cases Cited: - Cameron v Cole [1944] HCA 5; (1944) 68 CLR 571 - Forrest v Nix [2012] NSWSC 493 - Joseph v Agrey [2011] NSWSC 1601 - Smirski v Macander [2010] NSWSC 929 - Macnamara and the Conveyancing Act (1961) 78 WN (NSW) 1068 - NSW Trustee & Guardian v Gregory [2012] NSWSC 681 - Pascoe v Dyason [2011] NSWSC 1217 - Tory v Tory [2007] NSWSC 1078 Category: Principal judgment Parties: Magid Matta (First Plaintiff) Joe Matta (Second Plaintiff) Edmond Matta (Third Plaintiff) Peter Matta (Fourth Plaintiff) Barbara Bou-Samra (Fifth Plaintiff) Norma Moubarak (Sixth Plaintiff) Therese Matta (Seventh Plaintiff) Cilia Matta (Defendant) Representation: Counsel: C H Cassimatis (Plaintiffs)