BREZA & TANENBAUM

In the matter of *Breza & Tanenbaum*, heard before Rees J, the applicant sought orders concerning the sale of a property located at C Street, Suburb D. The dispute involved the second respondent's obligation to facilitate the settlement of the sale, specifically by removing a caveat lodged over the property, and the subsequent disbursement of the sale proceeds.

The court was required to determine whether to order the removal of the caveat to enable the sale to proceed and, crucially, how the proceeds of that sale should be distributed. This involved considering the priority of claims against the sale funds, particularly in light of the applicant's claim and the potential claims of the respondent and second respondent.

Rees J ordered the second respondent to take all necessary steps to settle the sale of the property, including the removal of the caveat. The court further directed that the proceeds of sale, after payment of the mortgage, agent's commission, and solicitor's costs for the sale, be disbursed in a specific manner. One million dollars was to be paid into a controlled monies account held by the applicant's and respondent's solicitors, pending further court order. Any remaining balance was to be disbursed as agreed between the respondent and second respondent, or failing agreement, into a controlled monies account held by their respective solicitors, also pending further order. The respondent was ordered to pay the applicant's costs of the application, while the second respondent's application for costs was dismissed.