Angius v Salier; Angius v Angius [2017] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: Angius v Salier; Angius v Angius [2017] NSWSC 198 Hearing dates: 6 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Equity Before: Slattery J Decision: Stay granted on terms. Costs reserved. Catchwords: TRUSTEES FOR SALE – Conveyancing Act s 66G, 66H and 66I – property jointly owned in equal shares – one co-owner deceased – other co-owner occupies property - trustees for sale appointed – writ for possession of property issued in favour of trustees in 2015 - occupier seeks stay of writ in 2016 and stay declined – writ ordered to lie in court – writ will be issued imminently - whether writ should now be stayed on motion of occupying co-owner – whether trustees have consulted with occupying co-owner under Conveyancing Act s66H. Legislation Cited: Conveyancing Act 1919 s66G, 66H and 66I Cases Cited: Angius v Salier; Angius v Angius [2016] NSWSC 1622 Dixon v Rory (1991) 5 BPR 11, 655 George v McDonald (1992) 5 BPR 11,659 Penny Nominees Pty Limited v Fountain (No. 3) (1990) 5 BPR 11, 284 R v Secretary of State for Social Services; Ex Parte Association of Metropolitan Authorities [1986] 1 WLR 1 Re Dracup [1894] 1 Ch 59 Salier v Angius [2015] NSWSC 853 Category: Procedural and other rulings Parties: In 2012/396544 proceedings:

Plaintiff: John Angius First Defendant: Gordon A. Salier AM

Plaintiff: Giovanni (John) Angius First Defendant: Gordon A. Salier AM as the Executor of the Estate of the late Laura Angius Salier Second Defendant: Robert Angius Representation: Counsel: