Keats and Reeves

In the Family Court of Australia, Justice Le Poer Trench made orders concerning the sale of two properties, the "[N] property" and the "[Y] property," held by [T] Pty Limited as trustee of the [Keats] Family Trust. The dispute involved the husband and wife, who were parties to proceedings before the Court.

The primary legal issue before the Court was how to facilitate the sale of these properties and the distribution of the proceeds. Specifically, the Court was required to determine the mechanism for listing the properties for sale, the process for sale by private treaty and public auction, and the order in which various debts and expenses would be discharged from the sale proceeds. The Court also considered the appointment of a Registrar to execute necessary documents if a party refused to do so.

Justice Le Poer Trench ordered that the properties be listed for sale within 14 days, with the price and agent to be agreed by the parties or nominated by the President of the Real Estate Institute of NSW. If not sold by private treaty within three months, the properties were to be auctioned, with further provisions for successive auctions if the initial auction was unsuccessful. The proceeds were to be applied first to agent commissions, advertising, and legal costs, then to discharge mortgages and the wife's marina loan, with the balance to be held in trust for further distribution. The Court also appointed a Registrar to execute documents if necessary and adjourned the balance of the application.