Rankin and Rankin

In the matter of Rankin and Rankin, Johns J considered an application concerning the sale of jointly owned properties and the distribution of sale proceeds. The dispute involved a husband and wife and the disposition of their real estate holdings.

The court was required to determine the terms of sale for two properties located in Western Australia, specifically how the proceeds of sale should be applied. Additionally, the court needed to address the ongoing responsibility for mortgage repayments and outgoings on these and another property, and to make orders regarding the dismissal of certain applications filed by the parties.

Johns J ordered that the husband and wife were to take all necessary steps to sell the properties at 9 Einstein Way, G Town, Western Australia, and K Street, H Town, Western Australia. The proceeds were to be applied first to sale costs, then to discharge any mortgages or encumbrances, with the remaining balance to be held on trust in an interest-bearing account pending further order. The husband was also ordered to continue making monthly mortgage repayments and outgoings for the Western Australian properties and a property at B Street, Suburb C, until further order. The husband's application filed on 21 July 2014 and the wife's response filed on 28 August 2014 were otherwise dismissed. Liberty to apply was granted concerning the terms of the property sales.