READ & FRY

This matter concerned an application by the Applicant Wife for enforcement of orders made by Justice Forrest on 5 April 2019. The dispute involved the sale of three parcels of real property located in Town B, Queensland. The court was asked to appoint a Trustee for Sale to manage and sell these properties and to provide directions regarding the sale process and the distribution of proceeds.

The primary legal issues before the court were the appointment of a Trustee for Sale, the powers and responsibilities of that trustee in relation to the sale of the properties, the management of the properties pending sale, and the priority of distribution of the sale proceeds. The court was also required to determine the terms of the trustee's remuneration and indemnification, and the necessary authorisations for the trustee to execute documents for the transfer of title.

Forrest J ordered the appointment of Peter John Sheehy as Trustee for Sale for the specified properties, with the properties vesting in him for the purpose of sale. The court granted the trustee broad discretion regarding the method of sale, marketing, and determination of reserve prices, with specific provisions for sales by private treaty and auction. The respondent husband was ordered to maintain insurance on the properties, and the trustee was authorised to expend funds on preparation for sale, with reimbursement to the applicant wife. The trustee's costs and disbursements were to be a first charge on the sale proceeds. The distribution of sale proceeds was detailed, with priority given to selling costs, secured liabilities, trustee's costs, reimbursement to the applicant wife for expenditure, a judgment amount and interest to the applicant wife, and any balance to be held pending further order. The applicant wife was ordered to provide vacant possession upon 14 days' notice from the trustee. The trustee was indemnified by both parties for certain claims and empowered to sign necessary documents for the sale and transfer of title.