MOSEF & MOSEF

The parties to this proceeding were MOSEF and MOSEF. The dispute concerned an application for an order for the sale of property. The matter came before Foster J of 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). This required the court to consider the nature of the parties' interests in the property and whether the circumstances warranted the exercise of its discretion to order a sale.

Foster J reasoned that the applicants had established a sufficient interest in the property to bring the application. The court considered the principles governing applications for sale under section 66G, including the need to balance the interests of all co-owners. His Honour found that the evidence presented demonstrated that a sale was the most appropriate and equitable course of action, given the irretrievable breakdown in the relationship between the co-owners and the practical difficulties in continuing to hold the property as tenants in common.

The court ordered the sale of the property and appointed a trustee to carry out the sale, with the proceeds to be divided between the parties according to their respective entitlements.