Vallance v Vallance

The case involves trustees of the estate of Arnold Raymond Vallance, who died in 2001, bringing an application for a sale order under the Property Law Act 2007. They seek to sell a half share of a residential property, which Arnold owned as a tenant in common with his late wife, Dorothy Muriel Vallance, who sold her half share to their son, Christopher Vallance, in 2010. The trustees and Christopher Vallance are now equal owners of the property. The legal issues revolve around the ownership of certain chattels within the property, the appointment of a real estate agent to conduct the sale, the signing of necessary documents, the setting of a reserve price, and a claim for payment of occupation rent by the trustees. The Court finds that Dorothy Vallance owned all the chattels in the property when she sold her half share to Christopher Vallance, and that both the trustees and Christopher Vallance must sign the agency agreement for the sale. Both parties must also sign other documents necessary for the sale and transfer of title. The Court sets a reserve price of $428,000 and outlines a procedure if the property does not sell at auction. Lastly, the Court orders an assessment of a reasonable market rental for the property and directs that if occupation rent is assessed, arrears will be paid from Christopher Vallance's share of the proceeds of sale, with further consideration given to ongoing occupation rental being paid contemporaneously if the property does not sell within the specified timespan.