PHILKIN & PHILKIN

In the matter of *Philkin & Philkin*, Hartnett J of the Supreme Court of New South Wales considered an application for an order for the sale of property. The dispute concerned the beneficial ownership of a property held in joint names by the parties, who were formerly married. The applicant sought an order for sale, while the respondent sought to retain the property.

The central legal issue before the Court was whether the property was held by the parties as joint tenants or as tenants in common, and consequently, what orders were appropriate concerning its sale. This determination was crucial for resolving the beneficial ownership and the respective entitlements of the parties to the proceeds of any sale.

Hartnett J analysed the evidence presented, including the circumstances of the acquisition of the property and the intentions of the parties at that time. The Court applied the principles of equity regarding the presumption of advancement and the intention of the parties in relation to property ownership. His Honour found that the property was held by the parties as tenants in common in equal shares, reflecting their contributions and intentions.

Consequently, Hartnett J ordered the sale of the property and that the net proceeds be divided equally between the parties.