Carpenter and Carpenter (No 2)

In this matter before Hogan J, the applicant husband sought the retention of funds held in trust to satisfy monies owed to him by the respondent wife, as well as the delivery of certain chattels. The respondent wife also sought an order restraining the applicant from instituting further proceedings without leave.

The court was required to determine several legal issues. These included whether a sum of $50,000 should be retained in trust from monies payable to the respondent, pending the determination of costs owed to the applicant, and how these funds should be invested. The court also had to consider arrangements for the collection of chattels by the applicant, including the payment of transportation costs. Finally, the court needed to address the respondent's application for a restraining order and the costs associated with the various applications.

Hogan J ordered that $50,000 be retained by the Trustee for Sale from monies payable to the respondent and paid into the trust account of Damien Greer Lawyers. This sum is to be held pending the court's determination of the quantum of costs payable by the respondent to the applicant, or written agreement between the parties. The trustee was authorised to invest this sum on behalf of the parties. The applicant was directed to arrange for the collection of specified chattels by a commercial removalist before a nominated date, with the costs of transportation to be paid from a $500 sum retained by the Trustee for Sale from sale proceeds. The respondent was ordered to pay the applicant's costs of and incidental to the application filed on 8 October 2014 on a party/party basis, in default of agreement. The respondent's application for a restraining order was dismissed, with no order as to costs for that specific application. The main application and response were otherwise dismissed.