ALAM & SAYID AND ANOR

In the matter of ALAM & SAYID AND ANOR, the applicant wife, Ms Alam, sought orders concerning the sale of a property located at G Street, Suburb H. The dispute involved the husband's continued occupation of the property and potential actions that could impede its sale to a third-party purchaser, Mr V and Ms V. The application was heard by Watts J.

The court was required to determine whether to appoint the wife as trustee for the sale of the property, to order the husband to vacate the premises, and to restrain the husband from taking any action that would delay the sale. The court also considered the appropriate enforcement mechanism should the husband fail to comply with an order to vacate.

Watts J reasoned that it was necessary to appoint the wife as trustee to facilitate the sale of the Suburb H property. The court further ordered the husband to vacate the property within seven days and to remove his belongings. To ensure the sale proceeded without impediment, the husband was restrained from lodging any dealings against the property's title or otherwise acting to delay settlement. In the event of non-compliance with the vacation order, the wife was granted liberty to apply for a warrant for possession on 24 hours' notice.