Bkassini v Sarkis (No 2) (Revised)

In the Federal Circuit and Family Court of Australia, the case of Bkassini v Sarkis (No 2) (Revised) involved a dispute between the plaintiff and the defendant regarding the performance of repairs to a residential property. The court was asked to decide the effect of an order that required the plaintiff to perform repairs to the property, which was the subject of a Crisp order. The parties were unable to agree on the appropriate short minutes of order, and the funds available to carry out the repairs were substantially exhausted by a shortfall in the expected sale price of an asset of the estate and the amount of legal costs incurred by the parties. The court had to determine the appropriate course of action to be taken in this situation.
The court considered the issue of whether the repairs finally proposed by the plaintiff should be performed. The court noted that the only practical course was to require that only essential repairs be effected. The court also considered the issue of the effect of the order made following a hearing that the plaintiff perform repairs to the residential property. The court concluded that no issue of principle was involved in this case.
The court ordered that the repairs finally proposed by the plaintiff be performed. The court also noted that the parties were required to reach an agreement on the short minutes of order to be made in relation to the repairs. The court did not make any further orders in relation to the case.