Shafton and Shafton and Anor
Case
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[2013] FCCA 958
•2 August 2013
Details
AGLC
Case
Decision Date
Shafton and Shafton and Anor [2013] FCCA 958
[2013] FCCA 958
2 August 2013
CaseChat Overview and Summary
In the matter of *Shafton and Shafton and Anor*, Judge Terry of the Federal Circuit Court of Australia considered an application concerning the sale of certain properties. The dispute involved the wife, the husband, and a company, (omitted) Pty Limited, in relation to the implementation of a sale of two properties identified by their folio identifiers. The court was asked to make orders regarding the appointment of a trustee for sale and to restrain certain parties from interfering with the sale process.
The primary legal issue before the court was the appointment of a trustee to effect the sale of the properties as previously ordered. The court also had to determine the extent to which the husband and (omitted) Pty Limited should be restricted in their involvement with the sale, and to grant an injunction to enforce these restrictions. Furthermore, the court needed to provide for future applications concerning procedural matters, the trustee's remuneration, and any other consequential issues arising from the sale.
Judge Terry ordered the appointment of Mr S of (omitted) Insolvency Practitioners as trustee for sale of the properties. The court also granted an injunction restraining the husband and (omitted) Pty Limited from taking any action in connection with the sale of the properties, except as directed in writing by the trustee. Liberty to apply was granted to the parties and the trustee on seven days' notice for matters relating to the trustee's powers, remuneration, and other consequential issues. The wife's amended initiating application was otherwise adjourned for further consideration.
The primary legal issue before the court was the appointment of a trustee to effect the sale of the properties as previously ordered. The court also had to determine the extent to which the husband and (omitted) Pty Limited should be restricted in their involvement with the sale, and to grant an injunction to enforce these restrictions. Furthermore, the court needed to provide for future applications concerning procedural matters, the trustee's remuneration, and any other consequential issues arising from the sale.
Judge Terry ordered the appointment of Mr S of (omitted) Insolvency Practitioners as trustee for sale of the properties. The court also granted an injunction restraining the husband and (omitted) Pty Limited from taking any action in connection with the sale of the properties, except as directed in writing by the trustee. Liberty to apply was granted to the parties and the trustee on seven days' notice for matters relating to the trustee's powers, remuneration, and other consequential issues. The wife's amended initiating application was otherwise adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
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Insolvency
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Equity & Trusts
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
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Costs
Actions
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Most Recent Citation
Shafton and Shafton and Anor (No.2) [2014] FCCA 2788
Cases Citing This Decision
2
Shafton and Shafton (No.3)
[2018] FCCA 3088
Shafton and Shafton and Anor (No.2)
[2014] FCCA 2788
Cases Cited
2
Statutory Material Cited
4
Shafton and Shafton (No.2)
[2012] FMCAfam 369
Shafton and Shafton
[2011] FMCAfam 46