Peroni & Peroni

In *Peroni & Peroni*, the parties were the applicants and the respondents, and the dispute concerned an application for an order for the sale of property. The matter came before Hannam J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether an order for sale of the subject property should be made pursuant to section 9 of the *Partition Act 1900* (NSW), notwithstanding the respondents' opposition. This required the Court to consider the principles governing the exercise of discretion under that section, particularly in circumstances where one party seeks sale and the other seeks to retain the property.

Hannam J reasoned that the Court's power to order a sale under section 9 of the *Partition Act* is discretionary. His Honour noted that the primary purpose of the Act is to facilitate the division or sale of co-owned property where parties cannot agree. In this instance, the Court found that the applicants had established a sufficient case for sale, and that the respondents' objections, which were largely based on their desire to retain the property and their inability to buy out the applicants' interest, did not outweigh the applicants' right to have their interest realised. The Court applied the principle that where a sale is sought and there is no practical alternative for the parties to resolve their co-ownership dispute, an order for sale is generally appropriate.

The Court ordered the sale of the property and made consequential directions regarding the conduct of the sale.