Event and Time
Event Description
- On 4 November 2022, a series of orders ("the Orders") were made by Her Honour Judge A Ryan after an interlocutory application by the plaintiffs for ancillary and injunctive relief.
- This hearing followed a lengthy legal history including a judgment made by Judge Macnamara on 21 May 2021, declaring the plaintiffs as part owners of the property located at 695 Toorak Road, Kooyong.
Application and Claims
- The plaintiffs sought enforcement of prior sales orders to sell the property due to repeated non-cooperation by the defendants.
- Specific requests from the plaintiffs included:
- Delivery of keys to the property. - Removal of chattels from the property. - Restraining orders preventing the defendants from coming close to the property, damaging it, interfering with the estate agent, and participating in the sale.
Judicial Decisions
- The Orders were made in line with the plaintiffs' requests with minor modifications, reflecting the ongoing obstruction from the defendants in executing the previous sales orders.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Claims:
- Asserted that they have been obstructed from enforcing the sales orders. - Sought court intervention due to the defendants’ previous non-compliance, failure to pay costs, and attempts to impede the sale process.
- Defendants' Arguments:
- Contesting the urgency of the sale, requesting additional time based on the need for renovations. - Argued against specific restrictions on their actions during the sale process, claiming vagueness and potential overreach. - Disputed the costs claimed by the plaintiffs, asserting that their conduct was not egregious enough to warrant indemnity costs.