Kabat & Anor & Garacia (No 4)

The case of *Kabat & Anor v Garacia (No 4)* concerned a dispute between the applicants, Kabat and another party, and the respondent, Garacia. The proceedings before Carew J involved an application for an order for the sale of property.

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). This required the court to consider the nature of the parties' interests in the property and whether the circumstances warranted the exercise of its discretion to order a sale.

Carew J reasoned that the applicants had established a sufficient interest in the property to bring the application. The court considered the principles governing applications for sale under section 66G, which generally require a demonstration that a sale would be for the benefit of all co-owners. In this instance, the court found that the property was not capable of beneficial occupation by the co-owners in its current state and that a sale was the most appropriate course of action to realise the value of their respective interests.

The court ordered the sale of the property.