Ranger v Ranger

[2009] QCA 226

SUPREME COURT OF QUEENSLAND

CITATION:

Ranger & Anor v Ranger [2009] QCA 226

PARTIES:

EUNICE LORENZA RANGER
(first applicant/first respondent)
ANTHONY SIDNEY RANGER
(second applicant/second respondent)
v
LEIGH ANTHONY RANGER
(respondent/appellant)

FILE NO/S:

Appeal No 13502 of 2008
SC No 6207 of 2008
SC No 12059 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application – Civil
General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Orders delivered ex tempore 28 July 2009
Reasons delivered 7 August 2009

DELIVERED AT:

Brisbane

HEARING DATE:

28 July 2009

JUDGES:

Holmes, Chesterman JJA and Mullins J
Joint reasons for judgment of Holmes JA and Mullins J; separate reasons of Chesterman JA, concurring as to the orders made

ORDERS:

Orders delivered ex tempore on 28 July 2009

1.   On the appellant’s undertaking to prosecute action number 6207 of 2008 expeditiously and on his undertaking to remove forthwith the caveat on the property referred to in paragraph 1 of the orders made below, the appeal is allowed;

2.   The orders made below are varied in this way:
order 2 is varied by deletion of the words,
“in the following shares:
(i) The Applicants                 19/20
(ii) Leigh Anthony Ranger     1/20”
and substitution of the following words:
“the Trustees are to pay 75 per cent of the said proceeds to the respondents and hold the remaining 25 per cent of the proceeds on trust until further order of a Judge of the Trial Division”;

3.   The following order is inserted: 
“2A. The parties have liberty to apply on three days’ notice to a Judge of the Trial Division”;

4.   The orders made below are not otherwise varied;

5.   The appellant is to pay the respondents’ costs of and incidental to the appeal, with the exception of the costs of the submissions and affidavits received from the respondents today.

CATCHWORDS:

REAL PROPERTY – PARTITION OF LAND – STATUTORY TRUST FOR SALE OR PARTITION – DISCRETION IN RELATION TO ORDERS – application for appointment of statutory trustees for sale of property and consequential relief at first instance – where net proceeds from sale ordered to be distributed according to proportions shown on registered title – where appeal only in relation to this consequential relief – where evidence before primary judge disclosed a real dispute between the parties as to their respective beneficial interests in the property – whether sufficient evidence before primary judge to preclude exercise of court’s discretion to make a final order about the distribution of the net proceeds of sale of property at the same time as appointment of statutory trustees for sale

Property Law Act 1974 (Qld), s 38

Ex parte Eimbart Pty Ltd [1982] Qd R 398, cited

COUNSEL:

P E Smith for the appellant
S C Fisher (sol) for the respondents

SOLICITORS:

John-Paul Mould Solicitors for the appellant
Neumann & Turnour Lawyers for the respondents

1. HOLMES JA AND MULLINS J:  The appellant is the son of the respondents.  They are registered owners of property situated at Morayfield as tenants…