BAULT & BAULT

The parties in this matter were husband and wife. The wife sought an interim distribution of monies from the husband, who owed her a sum pursuant to a District Court civil verdict. Previous restraints had been placed on the husband's superannuation and other funds. The dispute also involved disagreements regarding the overall property pool and contributions on a final basis.

The court was required to determine whether it was appropriate to make a further interim distribution to the wife, given the potential for such funds to be irrecoverable. Additionally, the court considered whether the case should be expedited under Rule 12A of the relevant rules, and if so, what factors would justify such priority.

Foster J found that it was inappropriate to make a further interim distribution to the wife pending the final resolution of the property proceedings, as any payment might not be capable of reversal. The court determined that the monies owed from the civil verdict should be paid from the proceeds of the sale of the home, and that the existing restraints on dealings with the husband's funds should be lifted to facilitate this. Regarding expedition, the court found no relevant circumstances that would justify giving the case priority to the potential detriment of other matters.