PS & at

The parties to this proceeding were PS, an individual, and an unnamed respondent. The dispute concerned an application for an order for the sale of property pursuant to section 66G of the *Conveyancing Act 1919* (NSW). The matter came before Kay J of the Supreme Court of New South Wales.

The primary legal issue before the Court was whether it had the power to make an order for the sale of the subject property under section 66G of the *Conveyancing Act 1919* (NSW) in circumstances where the applicant, PS, was not a registered proprietor of the land. The Court was required to consider the scope of the term "co-owner" as contemplated by the legislation and whether an equitable interest in the property was sufficient to ground such an application.

Kay J reasoned that section 66G of the *Conveyancing Act 1919* (NSW) permits a court to order the sale of property held by co-owners. However, the Court found that the applicant, PS, had not established that they were a co-owner of the property in the legal sense required by the section. While PS may have had an equitable interest, this was not sufficient to satisfy the statutory requirement of being a co-owner for the purposes of an application under section 66G. The Court noted that the legislation is intended to apply to legal co-owners and that to extend it to equitable interests would require a broader interpretation than was warranted.

Consequently, the application for an order for sale under section 66G of the *Conveyancing Act 1919* (NSW) was dismissed.