Lay v Pech (No 3) [2019] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: Lay v Pech (No 3) [2019] NSWSC 91 Hearing dates: Decided on the papers Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Equity Before: Robb J Decision: 1. Order that the parties forthwith do all things and sign all documents necessary to cause the property situated at XX XXXXX St, Cabramatta, NSW 2166 to be sold by public auction at the earliest possible date and to disburse the proceeds of the said sale in the following manner and priority:

(a) Payment of agent's commission and advertising expenses and legal expenses of the sale;

(b) Discharge of the mortgage held in the name of the Defendant; and

(c) The balance then remaining to the Second Plaintiff.

2. Order that the Defendant shall sign and execute all documents necessary to achieve the discharge of mortgage and transfer pursuant to the sale and all other documents, at the necessary times, at the request of the Plaintiffs, in order to enable Order 1, including if required by the Plaintiffs before a contract is entered into for the sale of the property.

3. Direct that the Plaintiffs' solicitors have the authority to conduct the sale of the property on behalf of the Defendant.

4. Direct that the Second Plaintiff is at liberty to determine the reserve price for the auction at his sole discretion save that it must be above the amount owed on the mortgage.

5. Order that the Defendant pay the sum of $19,220 to the Second Plaintiff forthwith.

6. Order that the Defendant pay the Plaintiffs' costs of these proceedings on the ordinary basis.