Bowen and Sawer

In the matter of *Bowen and Sawer*, heard before Cronin J, the dispute concerned an application for an order for the sale of property. The applicants sought to have the property sold, while the respondents opposed this course of action.

The central legal issue before the Court was whether an order for sale of the property should be made pursuant to section 66G of the *Conveyancing Act 1919* (NSW). This required the Court to consider the circumstances of the co-ownership and the respective interests of the parties in determining whether such an order was just and equitable.

Cronin J considered the evidence presented by both parties, including the history of the co-ownership and the reasons for the breakdown in the relationship between the co-owners. The Court applied the principles governing applications for sale under section 66G, which generally favour an order for sale where it is necessary to resolve disputes between co-owners and to realise their respective interests in the property. The Court found that the circumstances warranted an order for sale.

The Court ordered that the property be sold and that the proceeds of sale be divided between the parties in accordance with their respective entitlements. The precise form of the order was subject to the entry of the order in the Court’s records.