Cantoni & Cantoni

In the matter of *Cantoni & Cantoni*, Foster J of the Family Court of Australia considered an application for review of a senior registrar’s determination regarding an unfinished property. The dispute involved Ms Cantoni (the applicant) and Mr Cantoni (the respondent), with significant difficulties arising from the nature and extent of caveators' interests that required determination, hindering any sale. The parties had demonstrated a limited capacity to implement previous orders concerning the property's completion.

The court was required to determine the appropriate course of action for the unfinished property, which necessitated outstanding building and rectification works. The central legal issue was how to best manage and ultimately resolve the disposition of this property, given the parties' apparent inability to complete the necessary works and the complexities introduced by third-party interests.

Foster J reasoned that given the parties' demonstrated difficulties in progressing the completion of the property and the need to resolve the sale, an order for the sale of the property in its current state ("as is") was appropriate. The court applied principles that favour pragmatic solutions to facilitate the resolution of property disputes, particularly where ongoing costs and deterioration are likely. The proceeds of sale were to be distributed in a specific order: first, to cover selling expenses and the discharge of the existing mortgage, and then the remaining balance was to be held on trust pending further order. The court also made orders for the parties to maintain the property's state of repair, facilitate the sale, deliver vacant possession to the appointed Trustee for Sale, and refrain from further encumbering the property. All previous orders relating to the completion and sale of the property were discharged.