Gibbons v Vickers (No.2)

In *Gibbons v Vickers (No.2)*, the Supreme Court of Queensland was asked to determine whether a party was entitled to an order for the sale of property held in joint tenancy, despite the other joint tenant's objection. The dispute arose between the plaintiff, Ms. Gibbons, and the defendant, Mr. Vickers, who were formerly in a de facto relationship and jointly owned a property. Ms. Gibbons sought an order for sale, while Mr. Vickers opposed this, arguing that the property should be partitioned instead.

The central legal issue before the Court was whether it had the power to order the sale of jointly owned property under section 30 of the *Property Law Act 1974* (Qld) in circumstances where one party sought sale and the other sought partition. The Court also had to consider the principles governing the exercise of discretion under this section, particularly in the context of a dispute between former de facto partners.

Judge Smith reasoned that section 30 of the *Property Law Act 1974* conferred a broad discretion upon the Court to order sale or partition of property held in co-ownership. His Honour found that the Court was not bound to order partition simply because one party requested it, nor was it compelled to order sale if the other party objected. The Court was entitled to consider all relevant circumstances, including the nature of the property, the relationship between the parties, and the practicalities of each form of relief. In this instance, given the acrimonious breakdown of the de facto relationship and the practical difficulties in continuing to co-own the property, Judge Smith concluded that an order for sale was the most appropriate and equitable outcome. The Court therefore ordered the sale of the property.