Campbell and Diboll

Case

[2016] FamCA 911

24 October 2016


Details
AGLC Case Decision Date
Campbell and Diboll [2016] FamCA 911 [2016] FamCA 911 24 October 2016

CaseChat Overview and Summary

The case of *Campbell and Diboll* involved a dispute between the applicant and the respondent, heard by Faulks DCJ. The precise nature of the dispute is not detailed, but the court's orders indicate it concerned the division of property and financial settlements between the parties.

The court was required to determine the terms of a financial settlement, including the payment of a sum of money, the transfer of property interests, the indemnification against outgoings, and the process for selling property if payment was not made. Further issues included the division of personal belongings, the transfer of motor vehicles, and the winding up of a company, T Pty Limited, with specific provisions for the payment of liquidators' costs.

Faulks DCJ ordered that the respondent pay the applicant $298,630 within sixty days, after which the applicant would transfer his interest in specified properties. The respondent was to indemnify the applicant against future outgoings related to these properties. In the event of non-payment, the respondent was to sell the vacant land and then the house block if necessary, with provisions for private treaty or auction sales and a distribution of surplus proceeds above certain thresholds. The court also made detailed orders regarding the division of various personal items, the transfer of two Mercedes Benz vehicles, and the winding up of T Pty Limited, including the apportionment of liquidators' costs.
Details

Areas of Law

  • Commercial Law

  • Equity & Trusts

  • Property Law

Legal Concepts

  • Remedies

  • Costs

  • Injunction

  • Res Judicata

  • Restitution

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Singer v Berghouse [1994] HCA 40
Stanford v Stanford [2012] HCA 52