REAL PROPERTY — sale or partition — Co-owner seeking appointment of trustees for sale under s 66G of the Conveyancing Act 1919 — whether plaintiff has interest in property to which s 66G applies — plaintiff claiming one-third equitable interest pursuant to deed entered into with defendants — whether court ought to make order for appointment for trustees for sale — relevance of provisions of deed — whether provisions are impermissible restriction on alienation of property — whether restrictions in deed should be interpreted to be limited to life of parties where deed has no express term — whether order under s 66G should be made "almost as of right" — where deed still on foot and both parties are in breach — held that order should be refused.
Case Details
Citation[2012] NSWSC 493
CourtNSWSC
JurisdictionNew South Wales
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