The respondent, Trevor Shaw, brought a motion for summary judgment under Rule 16 of the Family Law Rules for the sale of a jointly owned family home.
The applicant, Khim Kaing, opposed the sale, arguing it would cause significant hardship to her and their three young children.
The court dismissed the motion, finding that a forced sale would be oppressive due to the severe hardship it would impose on the applicant and the children, considering the children's best interests and the applicant's inability to secure suitable alternative accommodation while unemployed and attending school.