Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Rovere v Rovere [2023] NSWSC 1410 Hearing dates: 4 October 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Equity Before: Slattery J Decision: Trustees’ remuneration approved. Order that the costs of the contest in relation to the trustees’ remuneration may be deducted from the share of the proceeds of sale of the defendant who was the only beneficiary disputing their costs. Trustees discharged from their duties as trustees for sale. a
Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Appointment of trustees – remuneration of trustees – approval of remuneration of trustees – dispute between three registered proprietors as tenants-in-common of certain real estate – trustees for sale appointed for the sale of the property – one of the three co-tenants, the defendant, disagrees with the approval of the trustees’ remuneration – the defendant alleges various charges were improperly incurred by the trustees – the defendant further alleges that the trustees failed properly to undertake their task – whether the trustees’ remuneration was reasonable and should be approved, and if approved, whether it should be charged against the defendant’s share of the proceeds of sale.
Legislation Cited: Civil Procedure Act2005, Part 6.
Conveyancing Act 1919, s 66G
Legal Profession Uniform Law2014, ss 171,198
Trustee Act1925, s 41
Cases Cited: Anson v Anson [2004] NSWSC 766
Chadwick v Heatley (1845) 2 Coll137
In re Allen (1889) WN 132
In re Beddoe; Downes v Cottam [1893] 1 Ch 547
National Trustees Executors and Agency Co-of Australasia Limited vBarnes (1941) 64 CLR 268
Perpetual Trustee Co Ltd v Attorney General (NSW) [2018] NSWSC 1456
Category: Consequential orders Parties: Applicants: David Kerr and Tim Gumbleton as trustees for sale of the land contained in [address not published], Coffs Harbour NSW
Respondent: Paul Anthony RovereRepresentation: Counsel:
Solicitors:
Applicants: J. Foley
Respondent: in person
File Number(s): 2020/67657 Publication restriction: No
Judgment
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Three brothers, Mr Steve Rovere, Mr John Rovere and Mr Paul Rovere jointly held real property in Coffs Harbour as tenants-in-common. They could not agree on its management or whether to sell it. So, the plaintiffs, Steve Rovere and John Rovere commenced these proceedings against their brother, Paul for relief under Conveyancing Act 1919 s 66G, for the appointment of trustees for the sale of the Coffs Harbour property.
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On 29 July 2020 this Court ordered the appointment of Mr David Kerr and Mr Tim Gumbelton as trustees for sale (“the trustees”) of the Coffs Harbour property and granted them liberty to apply. The Court’s orders provided for the trustees to pay the costs of the sale on the transfer of the Coffs Harbour property and divide the net sale proceeds equally between the three brothers.
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The property was sold at public auction on 23 June 2021 and the sale was completed on 18 August 2021. The net proceeds of sale of approximately $708,000 were divided into three shares. Two shares…
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- AGLC
- Rovere v Rovere [2023] NSWSC 1410
- Case
- [2023] NSWSC 1410
- Decision Date
CaseChat Overview and Summary
The court examined the statutory provisions governing the appointment and remuneration of trustees for the sale of property held in co-ownership. It assessed the reasonableness of the trustees' remuneration based on factors such as the complexity of the sale, the market conditions, and the terms of any agreements made between the parties. The court also considered whether the defendant had a legitimate basis for objecting to the remuneration. The analysis involved a detailed review of the evidence presented regarding the trustees' actions and the propriety of their charges.
In its reasoning, the court found that the trustees' remuneration was reasonable given the circumstances of the sale and the services rendered. The court approved the remuneration and determined that it should be charged against the defendant's share of the proceeds of sale. The defendant's objections to the charges and the trustees' conduct were not substantiated by the evidence. The court's decision was based on a thorough examination of the statutory framework and the specific facts of the case.
The final orders of the court included the approval of the trustees' remuneration and the direction that the remuneration be charged against the defendant's share of the proceeds of sale. The court provided clear instructions on the distribution of the sale proceeds, ensuring that the defendant's concerns were addressed within the legal parameters established by the relevant legislation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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