Eva Joy Ambrus v Lee Ellen Buchanan

In the case of Eva Joy Ambrus v Lee Ellen Buchanan, the dispute involved the application by Ambrus for the appointment of trustees for sale of a property held by 13 co-owners under the Conveyancing Act 1919 (NSW). Ambrus, who held a 1/56th share in the property, sought to sell her share to alleviate financial difficulties. Buchanan and other defendants opposed the application, citing potential hardship, promissory estoppel, breach of fiduciary duty, and unconscionability as grounds for refusal. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the defendants' claims of hardship, promissory estoppel, breach of fiduciary duty, and unconscionability provided sufficient grounds to refuse the application for the appointment of trustees for sale. The court was required to determine if these arguments could outweigh the statutory right of co-owners to apply for the sale of their shares under section 66G of the Conveyancing Act 1919 (NSW). Furthermore, the court had to assess the defendants' contention that the land had been used without planning approvals and whether this affected the application's outcome.

The court found that the mere assertion of hardship was insufficient to refuse the application for the appointment of trustees for sale. The court held that the statutory provision under section 66G did not permit refusal based solely on hardship. Additionally, the court concluded that the defendants had not established promissory estoppel, breach of fiduciary duty, or unconscionability. Therefore, these claims did not provide a valid basis to deny the application. The court emphasised that the co-owners had long-standing practices of occupying and improving different areas of the land independently, without planning approvals, but this did not negate the statutory right to seek a sale. As a result, the court made orders appointing trustees for the sale of Ambrus's share in the property.

The final orders included the appointment of trustees for the sale of Ambrus's share of the property, as requested. The court directed that the sale proceed under the supervision of the appointed trustees, ensuring that the process was fair and in accordance with the requirements of the Conveyancing Act 1919 (NSW). The defendants' objections were dismissed, and the application was allowed in its entirety.