W & P

The parties to this proceeding were W and P. 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 Warnick J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether it was appropriate to make an order for the sale of the property. This involved considering the nature of the parties' interests in the property and whether the existing co-ownership arrangement was workable or had broken down to the extent that a sale was the only just and equitable outcome.

Warnick J considered the evidence presented by the parties regarding their relationship and the history of their dealings with the property. The Court applied the principles governing applications for sale under section 66G, which require the applicant to demonstrate that the property is held on trust for sale and that such an order is just and equitable. The Court noted that a breakdown in the relationship between co-owners, coupled with an inability to agree on the management or disposition of the property, can be sufficient grounds to order a sale.

The Court ultimately made orders for the sale of the property.