The Court appointed trustees for sale of co-owned partnership property under s 66G of the Conveyancing Act 1919 (NSW) by consent, and resolved three residual disputes. On costs, the Court applied the usual rule that both parties' costs be paid from the proceeds of sale, finding no unreasonable conduct by the defendants sufficient to warrant departure, and reaffirming that co-owners are under no obligation to negotiate dissolution or to avoid the need for a s 66G application. The Court ordered net proceeds be paid into Court (rather than a controlled monies account) in the absence of the plaintiffs' agreement to the alternative, and listed the matter for future directions to monitor progress.
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