Karen Lee

This matter concerned an application by Karen Lee (the applicant) for an order for the sale of property located at 123 Main Street, Sydney, NSW (the property). The respondent was John Smith. The application was heard in the Supreme Court of New South Wales.

The primary 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 whether the property was held by the parties as tenants in common and, if so, whether it was just and equitable to order its sale rather than another form of partition.

Justice Irgang considered the evidence presented by both parties regarding their respective interests in the property and the circumstances surrounding its acquisition and use. The Court applied the principles established in cases concerning applications for sale under section 66G, which generally favour an order for sale where the property is held as a tenancy in common and there is no impediment to such an order. The Court found that the parties were indeed tenants in common and that there were no compelling reasons to refuse the order for sale.

The Court ordered that the property be sold and that the proceeds of sale be divided between the parties in accordance with their respective beneficial interests, with liberty to apply for further directions regarding the sale and distribution of proceeds.