Owen and Owen and Anor

In the matter of *Owen and Owen and Anor*, Gill J of the Supreme Court of New South Wales considered an application concerning the disposition of jointly owned properties and the rights of occupancy. The dispute involved a husband and wife, with the wife seeking orders for the appointment of a trustee for sale and sole right of occupancy of a particular property.

The primary legal issues before the Court were whether to appoint a sole trustee for the sale of two specified properties, and whether to grant the wife sole right of occupancy of one of those properties, the Suburb C property, as against the husband. The Court was also required to determine how the net sale proceeds of the properties should be handled pending further resolution.

Gill J ordered that Ms Owen be appointed the sole trustee for sale of both the Suburb C property and the D Town property. Furthermore, Ms Owen was granted the sole right of occupancy of the Suburb C property as against Mr Owen. Ms Owen was directed to undertake all necessary actions to facilitate the sale of both properties. The net proceeds from these sales were to be deposited into a designated trust account and invested in an interest-bearing account for the benefit of both Ms Owen and Mr Owen. The costs associated with the wife's application were reserved for determination at the trial of the matter.