Wilson v Strzelcykowski & Ors

[2016] QCA 227

Queensland Court of Appeal

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Catchwords

1. Appeal
2. › Stay of proceedings
3. › Jurisdiction to grant stay
4. › Whether stay available absent pending appeal
5. › No appeal filed or on foot
1. Real Property
2. › Co-ownership
3. › Appointment of trustees for sale
4. › Nature of discretion under s 38(1) Property Law Act 1974 (Qld)
5. › Whether discretion confined
6. › Whether tenable ground of appeal from order appointing trustees for sale
7. › Property Law Act 1974 (Qld), s 38(1)
1. Practice and Procedure
2. › Costs
3. › Discretion as to costs
4. › Whether unsuccessful applicant should bear costs
5. › Failure of successful party to comply with mediation order
6. › Costs in the proceeding

Quick Take

The discretion under s 38(1) of the Property Law Act 1974 (Qld) to appoint trustees for sale is confined and will ordinarily be exercised in favour of sale, as the remedy is a valuable ingredient of a co-owner's proprietary interest. A party's failure to comply with a court-ordered mediation may result in the court declining to award costs in that party's favour even where the opposing party's application was without merit.