The 'more beneficial' test under s 66G(4) of the Conveyancing Act 1919 (NSW) is confined to financial or pecuniary considerations; emotional, sentimental and psychological factors are irrelevant to that assessment (though they may be relevant to the residual discretion once the onus is discharged). Strata subdivision of co-owned land does not constitute 'partition' within the meaning of Division 6 of Part 4 of the Conveyancing Act because the co-owners would remain equitable tenants in common of the strata scheme common property, which is incompatible with the requirement that partition assure the whole property in severalty to the co-owners.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.