Y and T

This matter concerned an application by Y for an order for the sale of property pursuant to s 66G of the Conveyancing Act 1919 (NSW). T, the other co-owner of the property, opposed the application. The dispute arose from the breakdown of the parties' de facto relationship and their subsequent inability to agree on the future of the jointly owned property. The application was heard by May 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 sale of the property under s 66G of the Conveyancing Act 1919 (NSW), given T's opposition. This required the court to consider the principles governing the exercise of discretion under that section, particularly in circumstances where one co-owner sought to retain the property and the other sought its sale.

May J considered the established principles for ordering sale under s 66G, noting that the court has a broad discretion. Her Honour found that while T's desire to retain the property was understandable, it did not outweigh Y's right to have the property sold to realise her interest, especially in the absence of any viable proposal from T to buy out Y's share. The court applied the principle that a co-owner is generally entitled to an order for sale unless there are compelling reasons to refuse it, and that the onus is on the party opposing the sale to demonstrate such reasons.

The court ordered the sale of the property and directed that the proceeds be divided equally between Y and T after payment of any outstanding mortgage and sale expenses.