CARCHAR & HBENUM

The proceedings before Cronin J involved an application and response concerning the implementation of previous orders made on 7 November 1991. The parties, Carchar and Hbenum, were involved in a dispute regarding the transfer of property and the calculation of interest.

The court was required to determine the precise meaning of an interest clause within the original orders, specifically how simple interest at 18% per annum, adjusted monthly, should be calculated on a sum of $25,000. Additionally, the court had to consider the practical steps and timelines for the transfer of the husband's interest in real property located at R Street, Town 1, to the wife, including provisions for vacant possession and the role of a Case Guardian.

Cronin J interpreted the interest clause to mean that simple interest at 18% per annum was to be calculated on $25,000 from 27 October 1991 until the date of payment to the wife, with such calculation to be made on a monthly basis rather than daily, and including any part of a month. The court also made orders staying the implementation of certain aspects of the 1991 orders until 27 August 2011, directing the Case Guardian to sign documents for the transfer of the husband's interest in the R Street property to the wife upon trust for sale, and requiring the wife's executor to implement the provisions of the 1991 orders as soon as practicable after that date. The court further ordered that if the husband failed to provide vacant possession by the specified date, the wife would have liberty to apply for further orders. The application and response, save for costs, were dismissed.