Picken and Picken

In the matter of *Picken and Picken*, Young J considered an application involving the husband, the wife, and the intervenor, who was the trustee in bankruptcy of the wife's estate. The dispute concerned the location of a duplicate Certificate of Title for a property at E in Victoria, which was crucial for the sale of that property and the subsequent distribution of funds.

The primary legal issue before the court was how to facilitate the sale of the property at E and ensure the orderly administration of the wife's bankruptcy estate, particularly in light of the missing Certificate of Title. This involved determining the husband's obligations to locate the title documents and the trustee's powers regarding the sale proceeds.

Young J ordered the husband to undertake searches and inquiries to locate and produce the duplicate Certificate of Title and any accompanying documents to the trustee within ten days. The husband was also directed to provide details of a storage firm holding his containers, to enable inquiries about accessing them to search for the title. The court reserved costs and ordered the trustee's solicitor to file an affidavit detailing the sale of property E and related matters, including assistance provided to the husband in transferring another property. Further directions were given regarding the potential application for a replacement Certificate of Title and the trustee's liberty to pay creditors from sale proceeds, with no distribution to the husband or wife pending further order.