Cunningham & Riley

In *Cunningham & Riley*, the parties were the applicant, Cunningham, and the respondent, Riley. The dispute concerned an application for an order for possession of a property. The matter came before Altobelli J of the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the respondent, Riley, was entitled to remain in possession of the property pursuant to section 66G of the *Conveyancing Act 1919* (NSW). This section provides for the appointment of trustees for sale of land. The applicant, Cunningham, contended that Riley had no such entitlement and that possession should be granted to him.

Altobelli J considered the nature of a section 66G trust and the rights conferred by it. His Honour analysed the evidence presented by both parties regarding the circumstances of the property's ownership and the purported creation of the trust. The Court determined that the evidence did not establish the existence of a valid section 66G trust in favour of the respondent. Consequently, the Court found that the respondent had no legal right to remain in possession of the property.

The Court ordered that possession of the property be granted to the applicant, Cunningham.