KINGSBURY & KINGSBURY

The parties to this proceeding were Kingsbury and Kingsbury. The dispute concerned an application for an order for the sale of property pursuant to section 66G of the Conveyancing Act 1919 (NSW). The application was heard by Macmillan J in the Supreme Court of New South Wales.

The primary legal issue before the court was whether it possessed the power to order the sale of the subject property. This question arose in circumstances where one of the co-owners, the respondent, had sought to have the property partitioned rather than sold. The court was therefore required to consider the interplay between the right to partition and the statutory power to order sale under section 66G.

Macmillan J reasoned that the power to order sale under section 66G of the Conveyancing Act 1919 (NSW) is a discretionary power. His Honour noted that while partition is a traditional remedy for co-owners, the statutory power to order sale was introduced to provide a more flexible and often more practical solution, particularly where partition would be difficult or inequitable. In this instance, his Honour found that the circumstances warranted an order for sale, as it was the more appropriate course of action to resolve the co-ownership dispute.

The court ordered the sale of the property.