James & Ors v James [2018] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: James & Ors v James [2018] NSWSC 316 Hearing dates: 23 February 2018, 13 March 2018 Date of orders: 14 March 2018 Decision date: 16 March 2018 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Writ for possession of the subject property issued in favour of trustees for sale against the defendant. Catchwords: REAL PROPERTY - trustees for sale - after appointment of trustees for sale under Conveyancing Act 1919 s 66G - trustees for sale apply for writ for possession of the subject property - defendant resists issue of writ on grounds of hardship to her, on health grounds and the need to repair and preserve the property - issue of whether and when the subject property should be inspected to preserve evidence for claims that may be made as between the plaintiffs and the defendant after the sale of the subject property. Legislation Cited: Bankruptcy Act 1966 (Cth), s 58 Conveyancing Act 1919, s 66G Category: Procedural and other rulings Parties: First plaintiff: Geoffrey Reginald James Second plaintiff: Peter Charles James Defendant: Jennifer Elizabeth James Trustees: Stephen Brotherson and Simon Cathro Representation: Counsel: For trustees: S. Clemmett

Solicitors: For trustees: Edwin Fritchley, Fritchley Solicitors First and second plaintiff: in person Third plaintiff: M. Reid, Elliot Tuthill Trustees in bankruptcy: S. Nash, O'Neill Partners Defendant: in person File Number(s): 2017/90823 Publication restriction: No