M Matta v C Matta

The case of M Matta versus C Matta involved a dispute concerning the termination of co-ownership of a property. The majority of the co-owners wished to proceed with the sale of the property, however, one co-owner, who was opposed to the sale, did not appear at the hearing. The issue before the court was whether a trustee for sale could be appointed under section 66G of the Conveyancing Act 1919 (NSW). The court needed to determine if the absent co-owner's lack of appearance and objection could be ignored, and if the court could proceed with the appointment of a trustee for sale.

The court examined the relevant provisions of the Conveyancing Act 1919 (NSW) and the case law on the appointment of trustees for sale. The court noted that the absence of the co-owner who was opposed to the sale did not necessarily mean that their rights were extinguished. However, the court also considered the rights of the majority of co-owners to proceed with the sale of the property. The court concluded that the absent co-owner's lack of appearance and objection could be taken into account when deciding whether to appoint a trustee for sale. The court held that if the majority of co-owners genuinely wished to proceed with the sale, and there were no other factors that would make the appointment of a trustee for sale unjust, then the court could proceed with the appointment.

The court found in favour of the majority of co-owners and appointed a trustee for sale under section 66G of the Conveyancing Act 1919 (NSW). The court noted that the absent co-owner's lack of appearance and objection, coupled with the majority of co-owners' genuine wish to proceed with the sale, were sufficient grounds for the appointment of a trustee for sale. The court also noted that the absent co-owner's rights were not entirely extinguished, and they could still take legal action to challenge the sale if they wished. The court ordered that a trustee for sale be appointed to facilitate the sale of the property, and that the proceeds of the sale be distributed according to the terms of the co-ownership agreement.