Metcalfe and Garvey

In *Metcalfe and Garvey*, heard before Judge Scarlett, the applicant and respondent sought orders for the sale of a jointly owned property and the division of proceeds, as well as the division of personal property and the indemnification of liabilities. The dispute concerned the practical arrangements for the sale of the property and the equitable distribution of various assets and debts between the parties.

The court was required to determine the specific terms and conditions under which the jointly owned property would be listed for sale, including the timeframe for listing, the appointment of a real estate agent and solicitor, the setting of a reserve price, and the procedure for dealing with offers at or below the reserve price. Furthermore, the court needed to determine the division of personal property, including specific items of furniture and personal effects, as well as other personalty held in each party's sole name. Finally, the court was tasked with allocating responsibility for certain liabilities through indemnification orders.

The court made detailed orders to facilitate the sale of the property, mandating its listing for public auction within a specified period, with provisions for the appointment of an agent and solicitor by a nominee of the relevant professional bodies if the parties could not agree. The court also stipulated how the reserve price would be determined and how offers below the reserve price would be handled, including a subsequent private treaty sale if the auction was unsuccessful. The proceeds of sale were to be applied first to sale expenses, then to a specific bank debt, with the remainder divided 70% to the applicant and 30% to the respondent. The court also allocated specific items of personal property to each party and ordered the indemnification of each party for liabilities held in the other's name. In the event of non-compliance, the Registrar or Deputy Registrar was appointed to execute necessary documents.