PEROT & PEROT
Case
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[2012] FamCA 958
•14 November 2012
Details
AGLC
Case
Decision Date
PEROT & PEROT [2012] FamCA 958
[2012] FamCA 958
14 November 2012
CaseChat Overview and Summary
In the matter of *Perot & Perot*, Watts J considered applications by both the husband and wife concerning the sale and subdivision of property. The husband had filed an application on 8 November 2012, which was subsequently dismissed. The wife was appointed as trustee for sale to implement a prior order for the sale of property, with specific conditions attached to the process.
The court was required to determine the terms under which the wife, as trustee, would proceed with the sale of subdivided lots and the un-subdivided property. This involved establishing the timeline for the registration of a plan of subdivision and the issuance of separate titles. The court also considered the conditions for the sale of Lot 1 to Ms J and the potential sale of the un-subdivided property at a specified price. Further issues included the wife's entitlement to interest on a sum of money and the payment of costs.
Watts J reasoned that the wife, as trustee, should be empowered to take all necessary steps to effect the sale, including signing documents on behalf of the husband and associated companies. The court outlined a conditional process for the sale of Lot 1, contingent on the timely registration of the subdivision. The wife was also given the authority to sell the un-subdivided property at a set price. The court relisted the matter to address any implementation issues regarding the subdivision and to hear arguments on a potential reduction in the sale price of the un-subdivided lot. The husband was ordered to provide all necessary documents for the subdivision and to pay its costs, while the income from tenants was to continue to be paid to the husband. The husband was also ordered to pay the costs of both parties' applications.
The court was required to determine the terms under which the wife, as trustee, would proceed with the sale of subdivided lots and the un-subdivided property. This involved establishing the timeline for the registration of a plan of subdivision and the issuance of separate titles. The court also considered the conditions for the sale of Lot 1 to Ms J and the potential sale of the un-subdivided property at a specified price. Further issues included the wife's entitlement to interest on a sum of money and the payment of costs.
Watts J reasoned that the wife, as trustee, should be empowered to take all necessary steps to effect the sale, including signing documents on behalf of the husband and associated companies. The court outlined a conditional process for the sale of Lot 1, contingent on the timely registration of the subdivision. The wife was also given the authority to sell the un-subdivided property at a set price. The court relisted the matter to address any implementation issues regarding the subdivision and to hear arguments on a potential reduction in the sale price of the un-subdivided lot. The husband was ordered to provide all necessary documents for the subdivision and to pay its costs, while the income from tenants was to continue to be paid to the husband. The husband was also ordered to pay the costs of both parties' applications.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Appeal
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Injunction
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Procedural Fairness
Actions
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Citations
PEROT & PEROT [2012] FamCA 958
Most Recent Citation
Peskos & Tarpin [2021] FedCFamC2F 301
Cases Cited
0
Statutory Material Cited
0