Ettridge and Somers

The proceedings before Cronin J concerned a dispute between an applicant and a respondent regarding the sale of a property located at B Street, Suburb C. The court was required to make orders concerning the marketing and sale of this property, including setting a reserve price and outlining the process for accepting offers. The orders also addressed the applicant's right to inspect the property and the disclosure of court documents.

The central legal issues before the court were how to best facilitate the sale of the jointly owned property, the appropriate reserve price for its sale, and the conditions under which a sale could be concluded. The court also considered the applicant's entitlement to inspect the property during the marketing period and the circumstances under which police assistance could be sought to ensure peaceful access. Furthermore, the court dealt with the disposition of any applications for costs and the dismissal of the substantive applications filed by the parties.

Cronin J ordered that any previous orders inconsistent with the present directions were discharged. A real estate agent was appointed to market the Suburb C property for four weeks, with interested purchasers to submit written offers. A reserve price of $850,000 was fixed, and if an offer met or exceeded this amount, the property was to be sold in the respondent's name, with proceeds distributed according to extant orders, provided the agent confirmed no better offers were likely. If the property remained unsold after the four-week period, marketing was to continue without a reserve price, allowing sale to any bona fide offer unless a party successfully applied to the court to demonstrate a lack of genuineness or the availability of higher offers. The applicant was granted liberty to inspect the property, with provision for police assistance if necessary, and was permitted to provide copies of the orders to police without breaching confidentiality provisions. The parties' applications filed on 5 and 17 March 2019 were otherwise dismissed.