CUNY & CUNY

Case

[2014] FamCA 825

11 September 2014


Details
AGLC Case Decision Date
CUNY & CUNY [2014] FamCA 825 [2014] FamCA 825 11 September 2014

CaseChat Overview and Summary

This matter came before Rees J concerning a dispute between a husband and wife regarding property settlement and spousal maintenance. The central issue revolved around the management and sale of a property located at L Street, Suburb M, and the associated costs for its reinstatement and sale.

The court was required to determine the respective obligations of the husband and wife in relation to the reinstatement of an access area on the L Street property, including the funding and execution of the necessary works. Furthermore, the court needed to establish the process for the sale of the property, including the appointment of agents and solicitors, and the distribution of sale proceeds. The matter also involved the finalisation of a lease from the Roads & Maritime Services authority and the provision for spousal maintenance and interim property settlement.

Rees J ordered that the husband was to draw down funds from a mortgage facility to pay for the reinstatement works. The wife was directed to manage the completion of these works, including obtaining necessary consents and permissions, and to finalise a lease with the Roads & Maritime Services authority. The court also stipulated that the wife would facilitate the sale of the property by private treaty within 14 days of receiving a Certificate of Compliance and the grant of the lease. The husband was to nominate agents and solicitors for the sale, with the wife making the final selection. The matter was then stood over for further consideration of spousal maintenance and interim property settlement.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Consent

  • Injunction

  • Remedies

  • Costs

Actions
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Cases Citing This Decision

1

Cuny and Cuny (No 2) [2014] FamCA 884
Cases Cited

0

Statutory Material Cited

0