Bale-Sutch and Bale-Sutch

In the matter of *Bale-Sutch and Bale-Sutch*, Cronin J considered an application to vary existing orders concerning the sale of a property. The dispute centred on the terms and agency arrangements for the conditional sale of the parties' property.

The court was required to determine whether to vary the previous orders regarding the sale of the property, specifically concerning the appointment of a sole agent and the commission payable. The court also considered an oral application by the husband for a stay of final property orders and for funds to be distributed to him to secure legal representation.

Cronin J varied the previous orders to appoint Mr C of C & Co as the sole agent for the conditional sale of the property at a fixed commission of 3.3 per cent. The court further ordered that if this sale failed to become unconditional, the parties were to jointly reappoint C & Co and M Real Estate as agents in conjunction, unless otherwise agreed. The court also ordered that the property be sold on the terms and conditions described in Mr C's evidence. The husband's oral application for a stay of final property orders and for funds to be distributed for his legal representation was refused. The remaining applications and responses were otherwise dismissed, with specific paragraphs of the husband's response being withdrawn.