Foley and Hailes (No. 3)

In *Foley and Hailes (No. 3)*, Johns J of the Supreme Court of Victoria was required to determine the appropriate orders concerning the sale of a property located at B Street, C Town, Victoria. The dispute involved the applicant and the respondent, who were parties to proceedings requiring the sale of this jointly owned property.

The central legal issue before the Court was how the sale of the property should be conducted and how the proceeds of that sale should be distributed. This encompassed determining the method of sale, the appointment of a selling agent, the setting of a reserve price, the respondent's obligations regarding the property's condition pending sale, and the respondent's requirement to vacate the property. Furthermore, the Court needed to establish the priority of payments from the sale proceeds.

Johns J ordered that the property be sold by public auction. The proceeds were to be applied first to selling expenses, then to outstanding rates, taxes, and other outgoings. Following this, any mortgages secured over the property, specifically mentioning Westpac mortgage loan accounts, were to be discharged. The remaining balance was to be paid into an interest-bearing account, held in trust by the applicant's lawyer for both parties, pending further court order or written agreement. The Court also made directions regarding the appointment of a selling agent, the reserve price, the respondent's responsibility for maintaining the property, and the respondent's obligation to vacate the premises prior to settlement. Liberty to apply was granted concerning the sale, and interim orders sought by the applicant were dismissed.