Stoney and Stoney

In *Stoney and Stoney*, Cronin J considered an application concerning the sale of a unit at S Street, Suburb E. The dispute arose from previous orders made by Young J on 18 April 2012, which the current application sought to vary.

The primary legal issue before Cronin J was how to manage and conduct the sale of the jointly owned property. This involved determining who would have control over the sale process, including the appointment of agents and the setting of a reserve price, and for what duration. The court also had to consider the consequences if the property remained unsold by a specified date.

Cronin J reasoned that the wife should have the sole conduct and management of the sale as a trustee for sale, including responsibility for appointing the selling agent. The court stipulated that the reserve price would be determined by the President of the Real Estate Institute of Victoria, or a nominee, unless the parties agreed otherwise by a specified date. The wife's conduct of the sale was to continue until 16 July 2015, after which the original provisions of Young J's orders would be reinstated if the property had not been sold.

The court ordered the discharge of specific paragraphs of Young J's previous orders and dismissed the wife's application of 8 January 2015 and the husband's response of 12 January 2015, save for issues of costs. Provisions were made for the determination of any costs applications through written submissions.