Baney and Baney (No. 2)

The case of *Baney and Baney (No. 2)* involved proceedings before Judicial Registrar Loughnan concerning property settlement and enforcement of existing orders. The dispute centred on the management and sale of certain assets, including a property at G Road and plant, stock, and equipment at D Farm, as well as the husband's alleged contravention of prior court orders.

The court was required to determine the terms of final property settlement orders, including the appointment of the wife as trustee for a family settlement, her authority to collect and manage rental income from the G Road property, and the distribution of those funds. Additionally, the court had to consider orders for the sale of plant, stock, and equipment at D Farm, the wife's role in facilitating this sale, and the priority of payments from the net proceeds. The court also addressed the husband's alleged contravention of previous orders and the associated costs.

Judicial Registrar Loughnan made orders in terms of two documents, Exhibit A and Exhibit B, which detailed the wife's appointment as trustee for the G Road property, her authority to collect rent, and her entitlement to 60% of the gross rent, with provisions for GST, rates, taxes, insurance, and repairs. Orders in Exhibit B authorised the wife to manage and sell the plant, stock, and equipment at D Farm, with specific priorities for the distribution of net sale proceeds, including payment of outstanding sums to the wife and legal costs. The court also granted the wife exclusive occupancy of the D Farm property and restrained the husband from entering it. The operation of the Exhibit B orders was stayed pending the husband's payment of $67,000 to the wife's solicitor, with the stay continuing pending further order. The husband was ordered to pay the wife's costs of the enforcement proceedings on a lawyer and own client basis. Proceedings concerning the alleged contravention of orders were adjourned, and leave was granted for parties to apply in relation to the orders made.