LUSKER & LUSKER

The parties to this proceeding were Lusker & Lusker, the applicants, and the respondent, whose identity is not specified. The dispute concerned an application for an order for the sale of property. The matter came before Burchardt J in the Supreme Court of New South Wales.

The primary legal issue before the court was whether an order for the sale of property should be made pursuant to section 66G of the Conveyancing Act 1919 (NSW). This required the court to consider the nature of the applicants' interest in the property and whether it was appropriate to grant the relief sought.

Burchardt J reasoned that the applicants had established a sufficient interest in the property to warrant consideration of a sale order. The court applied the principles governing applications under section 66G, which generally require a demonstration of a beneficial interest in the property and that a sale would be a just and equitable outcome. The court considered the evidence presented by the applicants regarding their entitlement and the potential for a sale to resolve the co-ownership dispute.

The court made orders for the sale of the property.