Schrier and Schrier and Anor

In the matter of *Schrier and Schrier and Anor*, the Supreme Court of Victoria, constituted by Cronin J, considered a dispute between the applicant, Schrier, and the respondents, Schrier and another party. The proceedings concerned an application for an order for the sale of property.

The central 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), as applied by the *Property Law Act 1958* (Vic). This involved determining whether the property was held on trust for sale and, if so, whether it was just and equitable to order its sale.

Cronin J reasoned that the property was held on trust for sale, as evidenced by the terms of the will of the deceased. The court applied the principles established in cases concerning trusts for sale, noting that an order for sale is generally considered just and equitable where the property is held on trust for sale and there is no other practical means of resolving the beneficial interests. The court considered the respective interests of the parties and the circumstances surrounding the property.

The court made orders for the sale of the property and for the distribution of the proceeds in accordance with the terms of the will.