Bigelow & Reuter

This matter concerned an appeal from orders made by Roberts FM on 30 June 2006. The appeal was brought by the wife, Bigelow, against the husband, Reuter. The dispute related to the division of property and the terms of a mortgage discharge.

The primary legal issues before the court were whether the original orders concerning the transfer of the former matrimonial home and the discharge of the wife from mortgage liability were appropriate, and whether the timeframe for these actions was reasonable. The court also considered the validity of order 9 of the original orders.

Justice Kay allowed the appeal, varying the original orders. The court ordered that the husband, by his agents, register a partial discharge of mortgage releasing the wife from liability on or before 28 February 2007, contemporaneously with the transfer of the former matrimonial home. The husband was also ordered to pay the wife the sum of $17,400. Furthermore, order 9 of the original orders was set aside. The court also varied order 1 to extend the timeframe for the transfer to 28 February 2007 and ordered the release of security provided by the wife for the costs of the appeal.