ELANEL Pty Ltd as trustee for the MARVELLOUS Property Trust v MJK Properties Pty Ltd as trustee of the MJK Investment Trust

In the case of ELANEL Pty Ltd as trustee for the MARVELLOUS Property Trust versus MJK Properties Pty Ltd as trustee of the MJK Investment Trust, the dispute arose from a disagreement over the sale of a property, which was intended as an alternative to the legal partition process. The plaintiff sought to conduct the sale, while the defendant proposed an alternative arrangement. This case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether there was a good reason to deviate from the ordinary course of the plaintiff conducting the sale, as stipulated by the applicable legislation. The court needed to determine whether the plaintiff's proposed method of sale was appropriate and whether there were any circumstances that justified the defendant's alternative proposal.

The court found that the plaintiff's method of sale was the ordinary course, as prescribed by statute, and that there was no evidence presented to suggest that this course should be departed from. The court concluded that no new principles applied to the case, and the ordinary course should be followed. Therefore, the plaintiff's method of conducting the sale was upheld.

As a result of the court's decision, the plaintiff was authorised to proceed with the sale of the property in accordance with the ordinary course outlined in the legislation. No new orders were made beyond this determination.