Hart v Ng

[2026] QSC 209

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

Under sections 33–37 of the Property Law Act 2023 (Qld), the appointment of statutory trustees for sale remains near as-of-right for a co-owner, and the wide discretion in section 34(1) to ensure a 'just and fair' outcome does not permit the court to refuse sale on the basis of hardship or general notions of fairness.
An unregistered contractual claim to a proprietary interest in a fixture on co-owned land, which has not been enforced for over two decades and is subject to limitation defences, carries little or no weight as a discretionary factor against ordering sale under the statutory trust provisions.
Where a respondent co-owner proposes alternatives to sale — such as subdivision, sale of the applicant's fractional interest, or negotiated arrangements — those alternatives must be shown to be realistic and practical rather than merely vague possibilities in order to displace the legislative preference for sale.