Peroni and Kappa

In a proceeding before Le Poer Trench J, the husband and wife were in dispute regarding the sale of a property located at D Street, Suburb E. The husband had filed an Application in a Case, and the wife had filed a Response. Both of these applications were ultimately dismissed by the court.

The central legal issues before the court concerned the appointment of a trustee for the sale of the Suburb E property and the terms and conditions under which that sale should proceed. The court was required to determine how the property should be listed, valued, and what discretion the appointed trustee would have in adjusting the sale price over time, as well as the respective obligations of each party in facilitating the sale and preventing interference.

Le Poer Trench J reasoned that the husband should be appointed as trustee for sale of the Suburb E property to facilitate its sale and the distribution of proceeds as previously ordered. The court stipulated that the husband, in his capacity as trustee, was authorised to sign necessary documents in the wife's name to effect the sale. The property was to be listed at a price recommended by a valuer nominated by the Chair of the Australian Property Institute, with the wife initially bearing the cost of the valuation, to be reimbursed from the husband's share of the sale proceeds. The husband was granted discretion to reduce the asking price every six weeks, but with a caution that reductions exceeding 2.5% might require justification to the court. The wife was ordered to ensure her parents or associates did not interfere with the sale process.

The court ordered the dismissal of both the husband's application and the wife's response. The husband was appointed trustee for sale of the Suburb E property, with detailed directions regarding its listing, valuation, and sale price adjustments. The wife was directed to cooperate with the sale, and the husband was ordered to pay the wife's costs for her attendance on 13 February 2018 from his portion of the sale proceeds. The matter was also scheduled for review by the Docket Registrar in the week of 21 May 2018.