Mollison and Mollison and Anor

This matter concerned applications brought by the applicant wife and respondent husband, with J Pty Ltd seeking to be joined as a party and heard. The central dispute revolved around the registration of a District Court order on the title of a property at Property C, which was under contract for sale. The court was required to determine how to manage the proceeds of this sale in light of the existing court order and the interests of the parties, including the purchaser and J Pty Ltd.

The court was tasked with determining the appropriate steps to manage the sale of Property C, specifically concerning the cancellation of a previously registered District Court order from the property's title. Furthermore, the court needed to establish a mechanism for the distribution of the sale proceeds, ensuring that funds due to Mr T, the applicant wife, and the respondent husband were handled appropriately and held pending further court orders. The court also had to consider the role of the conveyancer, Mr P, in this process and the establishment of a joint bank account for the funds.

In its reasoning, the court acknowledged the existence of a contract for the sale of Property C and the impending settlement date. To facilitate the sale and address the registered District Court order, the court ordered that the Registrar General cancel the registration of that order upon settlement. The court further directed that the net proceeds of the sale, after payment to Mr T, be paid into a jointly held interest-bearing on-call account by the applicant wife, respondent husband, and J Pty Ltd. Mr P, as the conveyancer for the vendors, was specifically injuncted from releasing these funds to anyone other than an officer of the nominated bank, and was ordered to pay the remaining sale proceeds into the newly established account. The court adjourned further consideration of the matter to allow for the provision of reasons.