NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lewin v Lewin [2019] NSWSC 380 Hearing dates: On the papers Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Equity Before: Darke J Decision: Orders to be made appointing trustees for the sale of a parcel of shares in a home unit company. Catchwords: PERSONAL PROPERTY – co-ownership – statutory trust for sale – application under Conveyancing Act 1919 (NSW), s 66G(1) for appointment of trustees for sale by co-owner of shares in a home unit company – whether shares are "property" for the purposes of s 66G – whether shares held in "co-ownership" for the purposes of s 66G – whether ownership is "in possession" – appropriate for orders to be made appointing trustees for sale
COSTS – proceedings for appointment of trustees for sale of property under Conveyancing Act 1919 (NSW), s 66G – departure from the usual rule – defendant resisted appointment of trustees for sale based on unsubstantiated allegations of impropriety or fraud – whether defendant's conduct unreasonable – defendant's conduct resulted in plaintiff incurring unnecessary legal costs – half of the plaintiff's costs ordered to be paid out of the defendant's share of the proceeds of sale
WORDS AND PHRASES – "property" – "in possession" Legislation Cited: Conveyancing Act 1919 (NSW), ss 7, 36A, 66F, 66G Cases Cited: Commonwealth Bank of Australia v MacDonald (2000) 10 BPR 18,111; [2000] NSWSC 553 Degmam Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354 Ferella v Official Trustee in Bankruptcy [2015] NSWCA 411 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Neilan v Neilan [2019] NSWSC 66 Sydney Futures Exchange Ltd v Australian Stock Exchange Ltd (1995) 56 FCR 236 White v Shortall (2006) 68 NSWLR 650; [2006] NSWSC 1379 Woodson (Sales) Pty Ltd v Woodson (Australia) Pty Ltd (1996) 7 BPR 14,685 Category: Principal judgment Parties: Wendy Yvonne Lewin (Plaintiff) Suzanne Lewin (Defendant) Representation: Counsel: M K Meek SC (Plaintiff) A D Crossland (Defendant)
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