BYRD & BYRD

In *Byrd & Byrd*, heard by Le Poer Trench J, the dispute concerned applications made by both the husband and wife regarding the sale and potential purchase of a property located at B. The husband sought to be appointed as trustee for the sale of the property, while the wife sought to suspend or dismiss previously made orders to allow her to purchase the property herself.

The central legal issues before the court were whether the husband should be appointed as trustee for the sale of the property, whether the existing court orders should be suspended or dismissed to facilitate the wife's purchase, and whether these applications should be adjourned to the final hearing.

Le Poer Trench J determined that the applications brought by both the husband and wife were best dealt with in conjunction with the final hearing of the matter. Consequently, the court ordered that both the husband’s application filed on 10 February 2011 and the wife’s response filed on 18 March 2011 be adjourned. These matters will be consolidated with and determined during the final hearing scheduled to commence on 20 May 2011.