VILNIUS & VILNIUS

The parties to this proceeding were Vilnius and Vilnius, the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application for an order for the sale of property. The matter came before Foster J of the Supreme Court of New South Wales.

The central legal issue before the Court was whether an order for the sale of property should be made pursuant to section 90 of the *Real Property Act 1900* (NSW). This required the Court to consider the circumstances under which such an order would be just and equitable, particularly in light of the applicants' claim that the property was held by the respondent on trust for them.

Foster J's reasoning focused on the equitable principles governing trusts and the statutory power to order sale. The Court examined the evidence presented by the applicants to establish the existence of a trust, considering whether the respondent's acquisition and holding of the property were demonstrably for the benefit of the applicants. The Court applied the principles that a trust must be established with sufficient certainty and that an order for sale under section 90 is a discretionary remedy to be exercised where it is just and equitable to do so, taking into account all relevant circumstances, including the nature of the parties' relationship and the beneficial interests claimed.

The Court ultimately ordered the sale of the property.