Falkner and Candle and Anor

In the matter of *Falkner and Candle and Anor*, Foster J considered an application concerning a property dispute between a wife, Ms Falkner, and her husband. The core of the dispute revolved around the management and sale of a property located in Town B, New South Wales, which was held by the parties.

The court was required to determine the appropriate orders for the sale of the property and the distribution of the proceeds. Specifically, the court needed to decide who would be appointed as trustee for sale, the method of sale, the priority of payments from the sale proceeds, and the husband's obligations regarding vacating the property and facilitating its sale. Furthermore, the court had to consider orders to prevent the husband from hindering the sale process and to manage future court appearances and service of documents.

Foster J ordered that the wife, Ms Falkner, be appointed trustee for sale of the property. The property was to vest in her, and she was empowered to sell it for the best reasonably obtainable price, determining the method of sale at her discretion. The net proceeds were to be applied first to selling costs, then to discharge any registered mortgages, with the balance to be held in a controlled monies account by the wife's solicitors in the joint names of the parties pending further order or agreement. The husband was ordered to vacate the property at least 21 days before settlement and was restrained from any actions that could impede access, presentation for sale, or the trustee's and agent's access for inspections. The court also made directions regarding future case management, including the husband's attendance and the potential for the wife's property application to proceed undefended.