KABIR & KABIR

Case

[2020] FamCA 655

10 August 2020


Details
AGLC Case Decision Date
KABIR & KABIR [2020] FamCA 655 [2020] FamCA 655 10 August 2020

CaseChat Overview and Summary

In the matter of *Kabir & Kabir*, heard before Gill J, the dispute concerned an application for an order for the sale of property. The applicants sought the sale of a property held by the parties as tenants in common, arguing that it was just and equitable to do so.

The primary legal issue before the court was whether it was just and equitable to order the sale of the property pursuant to section 104 of the *Property Law Act 1974* (Qld). This required the court to consider the circumstances of the parties and the property itself to determine if such an order was appropriate.

Gill J considered the evidence presented by the parties and applied the principles established in case law regarding applications for sale of property under the *Property Law Act 1974* (Qld). The court determined that further directions were required to properly resolve the matter. Accordingly, the proceedings were adjourned for further directions.
Details

Areas of Law

  • Civil Procedure

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