Warner and Warner

In the matter of *Warner and Warner*, heard before Watts J, the dispute concerned an application for an order for the sale of property pursuant to section 104 of the *Property Law Act 1974* (Qld). The applicants, Mr and Mrs Warner, were the registered proprietors of a property as joint tenants. The respondent, Mr Warner, sought to have the property sold.

The primary legal issue before the court was whether the applicants had established a right to an order for sale under section 104 of the *Property Law Act 1974* (Qld). This section permits a trustee for sale, or any person of the age of majority interested in possession in land in which there is a settled share, to apply to the court for an order for sale. The court was required to consider the nature of the applicants' interest in the property and whether they met the criteria for seeking such an order.

Watts J considered the evidence presented by the parties, including the nature of their co-ownership and the circumstances surrounding their separation. The court analysed the meaning of "settled share" within the context of section 104 and the established principles for granting an order for sale in such circumstances. The judge determined that the applicants had demonstrated a sufficient interest in the property to warrant an order for sale, finding that the property was held on trust for sale for the benefit of the joint proprietors.

The court ordered that the property be sold and that the proceeds of sale be divided equally between the parties, after accounting for any necessary expenses and adjustments.