Coldham and Coldham and Anor

In the matter of *Coldham and Coldham and Anor*, the Applicant wife sought a declaration of ownership concerning funds held in trust following the sale of Property C, against the Second Respondent, (business omitted) Pty Limited. The dispute concerned the beneficial entitlement to these proceeds.

The primary legal issue before Judge Terry was to determine the rightful owner of the trust funds derived from the sale of Property C, specifically whether these funds belonged to the Applicant wife to the exclusion of the Second Respondent.

Judge Terry reasoned that the Applicant wife was the sole owner of the funds held in trust from the sale of Property C, to the exclusion of the Second Respondent. The court declared the Applicant wife as the owner of these funds. The court also made detailed orders regarding the process for any party wishing to seek costs, requiring specific documentation and submissions within defined timeframes, and adjourned the matter for consideration of any costs applications. All other outstanding applications were dismissed.