Boyd v Thorn

• 1. Land Law
  2. › Co-ownership
  3. › Appointment of trustees for sale
  4. › Conveyancing Act 1919 (NSW), s 66G
  5. › Standing of incumbrancee to apply for sale
  6. › Whether co-owner not party to earlier findings bound by those findings
  7. › Whether scope of rehearing confined to orders challenged
• 1. Estoppel
  2. › Issue estoppel
  3. › Privity of interest
  4. › Whether party joined after findings made bound by earlier findings
  5. › Whether party who did not challenge earlier orders could seek inconsistent findings at rehearing
  6. › Tomlinson v Ramsey Food Processing (2015) 256 CLR 507
• 1. Practice and Procedure
  2. › Joinder of parties
  3. › Necessary parties
  4. › Rights of party joined after substantive findings made
  5. › Scope of rehearing after setting aside of orders for non-joinder
  6. › Whether rehearing confined to orders challenged
  7. › John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1
• 1. Land Law
  2. › Co-ownership
  3. › Sale under s 66G of Conveyancing Act 1919 (NSW)
  4. › Distribution of proceeds of sale
  5. › Whether litigation costs may be paid from co-owner's share as secured debt
  6. › Whether costs and expenses of sale shared between co-owners

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