Burberry & Mobb

The case of *Burberry & Mobb* involved an appeal to the court concerning property settlement orders made by Federal Magistrate Jarrett. The dispute centred on the valuation of the husband's business interests and the overall disparity in contributions between the parties to the marriage.

The primary legal issue before the court was whether the Federal Magistrate had adequately considered all relevant evidence, particularly concerning the husband's business interests, and whether the property settlement orders made were just and equitable. This involved examining the weight given to the husband's affidavit evidence regarding the value of his shares in [PP] Pty Ltd and the potential for unfairness in disregarding evidence that was not formally objected to. The court also considered the evidence relating to the acquisition and sale of the [AH] home and the mortgage liability associated with it.

Warnick J allowed the husband's appeal, finding concerns about the Federal Magistrate's appreciation of the evidence. While acknowledging that the Magistrate may have been justified in disinclining to make specific findings on the value of the husband's business interests due to insufficient proof, the court noted that there was ample evidence demonstrating a significant disparity in the initial contributions of the parties. The court also addressed the concession made by the wife's counsel regarding the mortgage liability, stating it was not open for the wife to depart from that concession on appeal.

In lieu of the original orders, the court made new orders. These orders provided for the husband to pay the wife $67,600 within 42 days, in exchange for which the wife would transfer her interest in the property at [T Avenue], [W] to the husband. The husband was also to indemnify the wife against outgoings and mortgage liabilities on the property. If the husband failed to make the payment, the property was to be sold within 28 days for no less than $400,000, with the proceeds to be applied first to sale expenses, then to discharge the mortgage, then to pay the wife $67,600 plus or minus 20 per cent of the difference between the net sale price and $357,000, with the balance to the husband.