MARBBY & MARBBY

The parties in this matter were MARBBY and MARBBY, and the dispute concerned an application for an order for the sale of property. The application was heard by Egan 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), given the circumstances of the co-ownership and the parties' respective positions.

Egan J considered the principles governing applications for sale under section 66G, noting that the court has a discretion to order a sale where it is just and equitable to do so. His Honour examined the evidence presented by the parties, including the history of the co-ownership and the nature of the property. The court's approach involved balancing the interests of the co-owners and determining whether a sale would be a more appropriate remedy than other forms of relief.

The court made orders for the sale of the property.