Stoffels v Piper (No 4) - [2024] NFSC 6

SUPREME COURT OF NORFOLK ISLAND
Stoffels v Piper (No 4) [2024] NFSC 6

File number(s): SC 1 of 2023

Judgment of: WIGNEY J

Date of judgment: 17 October 2024

Date of publication of reasons 21 October 2024

Catchwords:
REAL PROPERTY – application for orders to facilitate sale of a co-owned property – where a pre-existing order allowed the Registrar to execute documents to complete the sale – where the defendant continued to obstruct the sale –orders and declarations made confirming the Registrar can facilitate sale

COSTS – application for indemnity costs – where the defendant uncooperative and vexatious – where application otherwise unnecessary – indemnity costs awarded

Legislation:
Partition Act 1900 (NSW)

Partition Ordinance 1931-1964 (NI)

Cases cited:
Stoffels v Piper [2024] NFSC 2

Stoffels v Piper (No 2) [2024] NFSC 4

Stoffels v Piper (No 3) [2024] NFSC 5

Number of paragraphs: 31

Date of hearing: 17 October 2024

Solicitor for the Plaintiff: J Brown of McIntyres Lawyers

Counsel for the Defendant: The Defendant appeared in person

ORDERS

SC 1 of 2023

BETWEEN:
ERIKA LEE STOFFELS

Plaintiff

AND:
ANDREW HARRY PIPER

Defendant

ORDER MADE BY:

WIGNEY J

DATE OF ORDER:

17 OCTOBER 2024

THE COURT DECLARES THAT:
1.The execution by the Registrar of the contract between the Plaintiff, Erika Lee Stoffels, and the Defendant, Andrew Harry Piper, as vendors and Adam James Shorter and Emma Louise Shorter as purchasers dated 16 September 2024 in respect of the sale of the property described as Lot 9 of section 30 portion 75e being the land comprised in Title number 1813 Edition 8, known as 65 Captain Quintal Drive, Norfolk Island (the Property) was and is valid execution of that contract pursuant to order 7 made by the Court on 30 January 2024.

THE COURT ORDERS THAT:
1.The Registrar be permitted and authorised to execute the transfer form, which is attachment JB15 to the affidavit of John Terrence Brown, sworn on 10 October 2024, on behalf of the Defendant, pursuant to order 7 of the Court dated 30 January 2024.
2.The Registrar be permitted and authorised to complete the sale of the Property pursuant to the contract between the Plaintiff and the Defendant as vendors, and Adam James Shorter and Emma Louise Shorter as purchasers, dated 16 September 2024, which is attachment JB16 to the affidavit of John Terrence Brown dated 10 October 2024, pursuant to orders 7, 10 and 11 made by the Court on 30 January 2024.
3.The Defendant pay the Plaintiff’s costs of this application on an indemnity basis.

REASONS FOR JUDGMENT
(Revised from transcript)
WIGNEY J

On 30 January 2024, I ordered that the property described as Lot 9 of section 30, portion 75e being the land described in Title number 1813 Edition 8, known as 65 Captain Quintal Drive, Norfolk Island (the Property) be sold pursuant to s 4(1)(b) of the Partition Act 1900 (NSW), in its application to Norfolk Island under the Partition Ordinance 1931-1964 (NI). The Property was and is jointly owned by the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stoffels v Piper (No 4)

Details

AGLC: Stoffels v Piper (No 4) [2024] NFSC 6
Case: [2024] NFSC 6
Decision Date: 17 October 2024

CaseChat Overview and Summary

In the matter of Stoffels v Piper, the parties were involved in a dispute over the sale of a jointly owned property. The Court was asked to facilitate the sale and address the defendant’s continued obstruction of the process. The matter was heard in the Supreme Court of New South Wales, which had previously made orders allowing the Registrar to execute documents to complete the sale. The dispute centred on the defendant's refusal to cooperate with the sale, despite the court's prior orders.

The primary legal issue before the court was whether it should make further orders to confirm and clarify the Registrar's authority to execute the necessary documents for the sale of the property. Additionally, the court had to determine whether the defendant's conduct warranted an award of indemnity costs against the defendant. The court considered the defendant's persistent refusal to comply with the court's orders, which constituted vexatious and uncooperative behaviour.

The court found that the pre-existing orders were clear and unambiguous, granting the Registrar the authority to execute documents necessary to complete the sale. The defendant's continued obstruction was in direct defiance of these orders. Consequently, the court made further orders confirming the Registrar's authority and granted the plaintiff's application for indemnity costs due to the defendant's uncooperative and vexatious conduct. The court emphasised that the award of indemnity costs was necessary to discourage similar behaviour in the future.

The final orders of the court confirmed the Registrar's authority to execute the transfer form and complete the sale of the property, and mandated that the defendant pay the plaintiff's costs on an indemnity basis. This decision reinforced the court's commitment to ensuring that its orders are followed and that parties who act vexatiously and uncooperatively will be held accountable for their actions.

Orders

Orders of the court

1. The Registrar be permitted and authorised to execute the transfer form, which is attachment JB15 to the affidavit of John Terrence Brown, sworn on 10 October 2024, on behalf of the Defendant, pursuant to order 7 of the Court dated 30 January 2024.

2. The Registrar be permitted and authorised to complete the sale of the Property pursuant to the contract between the Plaintiff and the Defendant as vendors, and Adam James Shorter and Emma Louise Shorter as purchasers, dated 16 September 2024, which is attachment JB16 to the affidavit of John Terrence Brown dated 10 October 2024, pursuant to orders 7, 10 and 11 made by the Court on 30 January 2024.

3. The Defendant pay the Plaintiff’s costs of this application on an indemnity basis.

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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File number(s):	SC 1 of 2023
Judgment of:	WIGNEY J
Date of judgment:	17 October 2024
Date of publication of reasons	21 October 2024
Catchwords:	REAL PROPERTY – application for orders to facilitate sale of a co-owned property – where a pre-existing order allowed the Registrar to execute documents to complete the sale – where the defendant continued to obstruct the sale –orders and declarations made confirming the Registrar can facilitate sale COSTS – application for indemnity costs – where the defendant uncooperative and vexatious – where application otherwise unnecessary – indemnity costs awarded
Legislation:	Partition Act 1900 (NSW) Partition Ordinance 1931-1964 (NI)
Cases cited:	Stoffels v Piper [2024] NFSC 2 Stoffels v Piper (No 2) [2024] NFSC 4 Stoffels v Piper (No 3) [2024] NFSC 5
Number of paragraphs:	31
Date of hearing:	17 October 2024
Solicitor for the Plaintiff:	J Brown of McIntyres Lawyers
Counsel for the Defendant:	The Defendant appeared in person

ORDER MADE BY:	WIGNEY J
DATE OF ORDER:	17 OCTOBER 2024