Nandutu v Chapman (No.2)

The parties to this proceeding were the plaintiff, Ms. Nandutu, and the defendant, Mr. Chapman. The dispute concerned an application by Ms. Nandutu for an order for the sale of a property located at 145 Old Northern Road, Glenorie, New South Wales, which was jointly owned by the parties. The matter came before Judge Street of the Supreme Court of New South Wales.

The primary legal issue before the Court was whether an order for sale of the jointly owned property should be granted, notwithstanding the defendant's opposition. This involved considering the provisions of the *Conveyancing Act 1919* (NSW), specifically section 66G, which deals with the sale of property held in co-ownership. The Court was required to determine if the circumstances warranted the exercise of its discretion to order a sale.

Judge Street's reasoning focused on the established principles governing applications for sale under section 66G. His Honour noted that the right to seek a sale of co-owned property is a statutory one, and the Court's discretion to refuse such an order is limited. The Court considered the evidence presented by both parties, including the defendant's arguments against sale. Ultimately, His Honour found that there was no impediment to granting the order for sale and that the plaintiff had established her entitlement to it.

The Court ordered that the property at 145 Old Northern Road, Glenorie, New South Wales, be sold.