Alexandra Uzelac bht New South Wales Trustee and Guardian v Stevo Ilic

In the case between Alexandra Uzelac, as trustee and guardian, and Stevo Ilic, the dispute revolved around the co-ownership of a property. Uzelac sought the appointment of trustees to hold the property on a statutory trust for sale. The matter was heard in the Supreme Court of New South Wales. The central legal issue was whether the court should exercise its discretion to appoint trustees, despite Uzelac's prima facie entitlement. The court needed to determine if there were any circumstances that would justify declining to make the order, such as Ilic establishing a right in contract or equity, or if the proceedings for altering property interests could result in Ilic becoming the sole owner.

The court's reasoning was grounded in the principles of equity and statutory authority. It noted that the court generally exercises its discretion to decline making an order only where a co-owner can establish a right in contract or equity. Additionally, the court recognised that its discretion is also exercisable where proceedings for altering property interests may result in one co-owner becoming the sole owner. Given that an order for the appointment of trustees was unlikely to result in Ilic becoming the sole owner, the court found no basis to decline Uzelac's application. Consequently, the court held that Uzelac was entitled to the order she sought.

The court concluded that Uzelac was entitled to the appointment of trustees to hold the property on a statutory trust for sale. No further reasons were provided for declining the order, and therefore, the court granted the application. The final orders reflected the court's decision to appoint trustees, thereby facilitating the sale of the co-owned property.