OCHOA & SCHIRMER

In this matter before Judge Newbrun, the parties, Ochoa and Schirmer, were involved in a dispute concerning the sale of a property located at A Street, Town B, New South Wales. The court was required to make orders regarding the sale of this property and the distribution of the proceeds.

The primary legal issue before the court was to determine the terms and conditions under which the jointly owned property should be sold, including the method of sale, pricing, agent and legal representation appointments, and the distribution of sale proceeds. The court also needed to establish a framework for dealing with potential disagreements between the parties regarding these matters, including provisions for sale by private treaty, auction, and subsequent re-auctions if the property remained unsold.

Judge Newbrun ordered that the parties must cooperate to sell the Town B property within 30 days. The proceeds of sale were to be applied first to commission and expenses, then legal costs, followed by the discharge of the mortgage to C Bank. After these payments, each party was to receive $100,000, with the remaining balance to be held in a joint interest-bearing account. The order detailed specific conditions for the sale, including mechanisms for agreeing on or nominating a real estate agent, solicitor/conveyancer, list price, and sale price, with provisions for private treaty sale and, if unsuccessful, sale by auction with a reserve price. The court also stipulated that if the property remained unsold after auction, it was to be re-submitted for auction at three-monthly intervals until sold. The proceedings were adjourned for mention on 22 April 2020.