McDonald and McDonald

In the matter of *McDonald and McDonald*, heard before Judge Boyle, the dispute concerned an application for an order for the sale of property pursuant to section 104 of the *Property Law Act 1974* (Qld). The applicants sought the sale of a property held by the parties as tenants in common, arguing that it was impracticable to partition the property. The respondent opposed the sale, seeking instead an order for partition.

The primary legal issue before the court was whether it was impracticable to partition the property, thereby justifying an order for sale under section 104 of the *Property Law Act 1974* (Qld). This required the court to consider the nature of the property, the interests of the parties, and any other relevant circumstances that might render partition an unsuitable remedy.

Judge Boyle reasoned that the physical characteristics of the property, specifically its size and the existing improvements, made partition impracticable. The court noted that dividing the property would result in two smaller, less valuable, and potentially unworkable parcels, which would not adequately serve the interests of either party. Applying the principles established in cases concerning the sale of co-owned property, the court determined that the circumstances favoured an order for sale over partition, as it would achieve a more equitable and practical outcome for both co-owners.