KEDIS & KEDIS

The parties in this matter were KEDIS and KEDIS. The dispute concerned an application for an order for the sale of property. The application was heard by Hartnett J 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 the nature of the parties' interests in the property and whether it was just and equitable to order a sale.

Hartnett J reasoned that the applicants had established a sufficient interest in the property to bring the application. His Honour considered the evidence presented regarding the breakdown of the relationship between the parties and the practical difficulties in continuing to hold the property as tenants in common. The court applied the principles established in cases concerning applications for sale under section 66G, which generally favour an order for sale where it is impractical or unjust for co-owners to continue to hold property.

The court ordered the sale of the property and made consequential directions regarding the conduct of the sale and the distribution of proceeds.