Abbott and Langton

In the matter of Abbott and Langton, Johnston JR made orders concerning the division of property and liabilities between the parties. The dispute involved the distribution of various assets, including real estate, a company, motor vehicles, bank accounts, superannuation, personalty, and a diamond ring, as well as the discharge of a mortgage.

The court was required to determine the appropriate allocation of these assets and liabilities between the husband and wife. This involved deciding on the quantum of a monetary payment to be made by the husband to the wife, the transfer of interests in a property and a company, and the responsibility for a mortgage. The court also considered the division of proceeds from a potential sale of the property and the net proceeds from the sale of a diamond ring.

Johnston JR ordered that certain previous orders be discharged and that the husband pay the wife a sum of $187,024 within 28 days. Upon compliance, the wife was to transfer her interest in a property to the husband, and he was to discharge her liability for the mortgage secured over it. The husband was to be solely entitled to the assets and business of L Pty Limited, with the wife to transfer her interest in the company to him, and he was to indemnify her against all liabilities of the company. Specific entitlements to other personalty, bank accounts, and superannuation were also delineated for each party. In the event the husband failed to make the payment, the S property was to be sold, with the proceeds distributed after sale costs, rates, legal fees, and mortgage discharge, with 58.803 percent of the balance to the wife and the remainder to the husband. The diamond ring was to be sold, with the net proceeds divided equally. The orders were to commence operation on 11 September 2009, with leave for parties to re-list for submissions on the form of orders or implementation. The husband's application for costs was dismissed.