Colless v Colless

The parties to this proceeding were the applicant, Mr. Colless, and the respondent, Mrs. Colless. The dispute concerned an application for an order for the sale of a property located at 145 Old Northern Road, Dural, New South Wales. The application was brought before Callinan J in chambers.

The primary legal issue before the court was whether an order for the sale of the property should be made pursuant to section 66G of the Conveyancing Act 1919 (NSW). This section provides for the sale of property held on a joint tenancy or tenancy in common where it is deemed by the court to be just and convenient to do so.

Callinan J considered the history of the property's ownership and the circumstances surrounding its acquisition and subsequent management. His Honour noted that the property had been purchased by the parties as joint tenants. The court's power under section 66G is discretionary, and the determination of whether it is "just and convenient" requires a careful balancing of the interests of all parties involved, taking into account the specific factual matrix of the case. The court must assess whether the continued co-ownership of the property is causing or likely to cause prejudice or hardship to one or more of the co-owners, and whether a sale would provide a more equitable outcome.

The court ordered the sale of the property.