High Court of Australia
Cons/Appl Martin-Smith
[Por Wak
542 HIGH COURT
[HIGH COURT OF AUSTRALIA.)
JAMES' BRAY © °; 0) 0 10) Ole a Ape DEFENDANT, axp JOHN BRAY AND ANOTHER . ._. Responpenrs,
PLAINTIFF AND DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Partition—Suit by one of two tenants in common for sale—No prayer for partition—
1926. Opposition of other tenant in common to sale—Right of plaintiff to order for ee Costs—Partition Act 1900 (N.S.W.) (No. 24 of 1900), secs. 4, 17, 18. Sypney,
Where by a suit under the Partition Act 1900 (N.S.W.) the plaintiff, one ol two tenants in common, asks for a sale of the land and the defendant, the other tenant in common, does not ask for a partition but merely opposes a
Powers and sale, the plaintiff is entitled as a matter of right to an order for sale. ich J.
Nov. 8.
Under sec, 18 of the Partition Act 1900 the Supreme Court of New South Wales may in its discretion order the defendant in such a suit to pay the costs of the plaintiff so far as they have been increased by the hearing of issues of fact raised by the defendant as to whether the time is opportune for a sale,
Decision of the Supreme Court of New South Wales (Davidson A.J.) affirmed.
Appa from the Supreme Court of New South Wales.
By an indenture of marriage settlement dated 14th June 1854, and made between Thomas Bray, Charlotte Squire Bray (his intended wife) and certain trustees, a parcel of land in Pitt Street, Sydney, was conveyed by Charlotte Squire Bray to the trustees upon trust (inter alia) after the death of Charlotte Squire Bray for such one or more of her children and in such shares as she should by deed or will appoint. The intended marriage took place on 29th June
8 C.L.R.) OF AUSTRALIA.
parcel of land to the use of her trustees upon trust for her sons John Bray and James Bray in equal shares. By a codicil dated 7th September 1915 Mrs. Bray appointed the Permanent Trustee Co. of 'New South Wales executor and trustee of her will. Mrs. Bray ied on 16th July 1924, and her sons John Bray and James Bray vived her. Probate of her will was granted to the Company
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