K & K and Ors

The parties in this matter were K & K and Ors, who were the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application for an order for the sale of property. The matter was heard by Morgan J in the Supreme Court of South Australia.

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), as applied in South Australia. This required the court to consider the nature of the applicants' interest in the property and whether it constituted a "trust for sale" within the meaning of the relevant legislation.

Morgan J reasoned that the applicants had established a sufficient interest in the property to warrant the court's intervention. The judge applied the principles governing trusts for sale, noting that such trusts are created where property is held by trustees with a duty to sell it and hold the proceeds for beneficiaries. The court found that the circumstances presented by the applicants satisfied the criteria for the appointment of trustees for sale and the subsequent order for sale.

The court ultimately made orders appointing trustees for sale and directing the sale of the property.