CALHOUN & CALHOUN

In the matter of *Calhoun & Calhoun*, the wife sought interim orders for the sale of a property, proposing that either the husband or the Registry Manager execute the contract. The husband opposed this, indicating his intention to purchase the wife's interest, with an offer exceeding market expectations. However, the wife contended that the husband lacked the capacity to purchase, noting his continued residence at the property and failure to meet mortgage repayments. The husband argued he had not had sufficient opportunity to prepare his case.

The Court was required to determine whether to grant the wife's application for the sale of the property, balancing the urgency of the sale against the husband's right to present his case fully. Additionally, the Court considered the wife's application for costs associated with the hearing.

The Court reasoned that while the urgency of the property sale was a significant factor, the husband should be afforded a fair opportunity to prepare his case. Consequently, the Court adjourned the proceedings to allow the husband time to file and serve his answering documents and provide specific financial information to the wife's solicitors. The wife's application for costs was dismissed, with the Court finding it inappropriate to make a costs order at this early stage of the proceedings.

The proceedings were adjourned for further consideration before Justice Burr on 1 February 2012. The husband was ordered to file and serve his answering documents by 27 January 2012 and to provide specified financial documents by 13 February 2012. The wife's application for costs was dismissed.