Taylor v Karipi

[2007] QDC 370

[2007] QDC 370

DISTRICT COURT
CIVIL JURISDICTION

JUDGE ROBIN QC

No 38 of 2005

KATHLEEN JANE TAYLOR	Applicant
and
LEIGHTON KARIPI	Respondent
TOWNSVILLE ..DATE 14/05/2007

JUDGMENT
HIS HONOUR: I order that Judge Pack's order of the 6th of

1

February 2007 be varied to appoint Mark McDonald and Linda
Wendy Leong, solicitors, as trustees on the statutory trust
for sale in lieu of Bradley Tait and Gary Wilkins of the
parties' property, 5 Coleton Court, Nelly Bay, being Lot 5 on

RP 800739, County of Elphinstone, Parish of Magnetic.	10
...
HIS HONOUR: This boils down to a situation where Judge Pack's
appointment of trustees on the statutory trust for sale under	20
sections 38 and following of the Property Law Act 1974 has gone awry. That order was part of an order preceding declaring and/or adjusting the parties' property rights in light of the cessation of their former de facto relationship.
30
The problem is that the trustees indicated in Judge Pack's
order of the 6th of February 2007, which appeared to resolve
everything in the wider application, are unwilling to act.
The Trust Company of Australia Limited whose representatives
the appointees were unwilling to take on the commission, given	40
the modest, in their eyes, value of the parties' jointly owned property at Nelly Bay. The same reaction came from another trustee company which has been approached.
The respondent has not helped matters by his determined stance	50

of non-appearance. He is presumably content to be left in
possession of a Harley Davidson motorbike which, for practical
purposes, is now his, and with other aspects of the status 2 JUDGMENT 60

1

quo.

Judge Pack's directions will have the effect that when the property is sold, half goes to the applicant and the other half, after some provision for the applicant's costs, goes to	10
the respondent, Mr Karipi.
Although the application proposed that the applicant, or Mr
Leong who appeared on her behalf today, ought to be trustee,
in the end, the partners in his firm, Mr McDonald and Ms	20
Leong, are appointed instead. They have provided a faxed copy of a signed consent of a kind envisaged in Judge Pack's order and Mr Leong has undertaken to file the original in the Court when convenient. The fax is Exhibit 2.
30
Exhibit 1 is a faxed copy from the firm of a title search in
respect to property which confirms the parties' ownership of
it as joint tenants. It is some comfort to the Court to have
that document to provide some assurance that there is no error
in identifying the property in respect of which trustees are	40
being appointed.

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3 JUDGMENT 60