Ettridge and Somers (No 2)

In the matter of Ettridge and Somers (No 2), Johns J considered an application by the applicant, Ms Ettridge, seeking the enforcement of final property orders, specifically the sale of the parties' property. The applicant had accepted a private offer for the sale of the property, but the respondent refused to sign the contract of sale. The respondent also raised concerns about the purchaser being informed of his application for leave to appeal the final orders and sought sole conduct of the sale for himself. Additionally, the respondent alleged that the applicant had failed in her duties as a trustee of a superannuation fund, and sought that the parties be referred to arbitration.

The court was required to determine whether to enforce the sale of the property as per the applicant's accepted offer, whether the respondent's refusal to sign the contract was justified, and whether the applicant should have sole conduct of the sale. The court also had to consider the respondent's allegations regarding the superannuation fund and his application for arbitration.

Johns J reasoned that the respondent's refusal to sign the contract was not justified, particularly as he provided no evidence to support his claims regarding the superannuation fund or any other basis for refusing the sale. The court found no merit in the respondent's application for arbitration, noting that the parties had already undergone two trials. Consequently, the court ordered that the applicant, Ms Ettridge, be appointed as Trustee with sole conduct of the sale of the property. The court further ordered that she execute a contract of sale for $830,000, with provisions for alternative sale terms if this specific sale did not proceed, and that the respondent vacate the property within 21 days. The court also made orders regarding the facilitation of property inspections, the removal of the respondent's belongings, and the allocation of costs.