Vadisanis and Vadisanis (No 2)

In the matter of *Vadisanis and Vadisanis (No 2)*, Rees J of the Supreme Court of New South Wales considered an application concerning the sale of a property. The dispute involved the husband and wife, the parties to the proceedings, and the court was tasked with making orders to facilitate the sale of their jointly owned property located at W Street, Town E, New South Wales.

The court was required to determine the appropriate mechanism for the sale of the property and the distribution of the proceeds. Specifically, the court needed to appoint a trustee for the sale, outline the steps to be taken by the trustee to effect the sale, and specify the order in which the sale proceeds were to be distributed. Furthermore, the court had to consider the wife's obligations in facilitating the sale and impose a restraint on any actions that might impede the sale process.

Rees J ordered that the husband be appointed as Trustee for Sale of the property. In this capacity, the husband was directed to appoint a real estate agent and a solicitor to manage the marketing and conveyance of the property, respectively. The proceeds of the sale were to be applied first to any registered encumbrances, then to selling costs, and finally, the balance was to be distributed in accordance with a prior order of 13 March 2015. The wife was ordered to cooperate fully in facilitating the sale, including allowing inspections and maintaining the property, and was restrained from taking any action that could hinder the sale. The court also clarified the interest rate applicable to a prior order.