Connors and Saba

In *Connors and Saba*, heard before Moore J, the parties sought orders concerning the division of their property. The dispute involved the sale of a jointly owned property, the transfer of another property, and the allocation of tax liabilities and other assets.

The court was required to determine the terms of the sale of the jointly owned property, including the method of sale, reserve price, and the distribution of sale proceeds. Further issues included the transfer of a separate property from the wife to the husband, the discharge of a mortgage, and the responsibility for capital gains tax and associated penalties arising from the sale of another property owned by the husband. The court also needed to address the division of remaining assets and liabilities between the parties.

Moore J ordered that the jointly owned property be sold by public auction, with the reserve price to be agreed or determined by the President of the Real Estate Institute of New South Wales. The proceeds were to be applied first to sale costs, commission, and legal expenses, with the balance to be divided equally between the parties. The wife was ordered to pay $85,500 from her share to the husband. The wife was also ordered to transfer her interest in another property to the husband, who was to discharge the associated mortgage. The husband was solely responsible for paying capital gains tax and any interest or penalties related to the sale of a property in his name. Finally, each party was to retain all other property held in their sole name or possession, with provisions for signing necessary documents to give effect to these orders.