Bellerose and Tailler

In Bellerose and Tailler, the parties sought final property orders from the court. The dispute concerned the division of their assets, particularly a property known as Property A, and the financial contributions and entitlements of each party.

The court was required to determine how the parties' property interests should be divided, including the disposition of Property A. This involved considering the appropriate valuation of assets, the allocation of debts and liabilities, and the terms under which any property transfer or sale should occur. The court also had to address the implications of the husband's continued occupation of the property and the potential for its sale if payment obligations were not met.

The court ordered the husband to pay the wife a sum of $143,000 by a specified date. Contemporaneously with this payment, the wife was to transfer her interest in Property A to the husband, with the husband bearing the costs associated with this transfer and indemnifying the wife against rates and outgoings. If the payment was not made by the due date, Property A was to be sold, with the proceeds applied first to sale costs, then to the outstanding payment plus interest, and any balance to the husband. The court also made provisions for the appointment of an agent and reserve price if the parties could not agree on these matters for the sale. Pending payment or sale, the husband was granted sole occupation of the property, responsible for its outgoings, and neither party could encumber the property without the other's consent. The court further ordered that each party retain their other property, with specific provisions for insurance policies and liability for existing encumbrances, and expressly severed any joint tenancies. Finally, the Registrar was appointed to execute any necessary documents if a party failed to do so.