Byron and Byron

In the matter of *Byron and Byron*, Stevenson J made orders concerning the sale of a property and the distribution of proceeds. The dispute involved a husband and wife, and the court was tasked with determining the practical steps for the sale of their jointly owned property and the allocation of funds derived from it, as well as addressing interim financial arrangements and the division of personal belongings.

The court was required to determine the method of sale for the property, including the agent to be used, the selling strategy, and the process for agreeing on a sale price if initial attempts failed. Further issues included the priority of payments from the sale proceeds, the terms of a new mortgage to be raised on the property, and the division of specific personal items between the parties. The court also had to consider the dismissal of other applications filed by the parties.

Stevenson J ordered that the property be listed for sale within 14 days through a specified agent, using an "Expressions of Interest or tender" method for three months. If unsold, it was to be listed at an agreed price, or one determined by a valuer. The proceeds of sale were to be applied in a strict order of priority: firstly, to cover sale expenses and legal costs; secondly, to reimburse the husband for reasonable repair and presentation costs, and valuation expenses; thirdly, to discharge the existing mortgage; fourthly, to pay outstanding rates and levies; fifthly, to pay $50,000 to the wife and $50,000 to the husband; and finally, the balance was to be deposited into a joint account. Additionally, the parties were ordered to increase the mortgage on the property by $100,000 within 21 days, with $50,000 to be paid to each party. The husband was also directed to maintain and preserve the property pending sale, and within 21 days of contract exchange, to allow the wife access to retrieve a detailed list of personal items. All other applications were dismissed.