Dabney and Laird

Case

[2013] FCCA 214

4 June 2013


Details
AGLC Case Decision Date
DABNEY & LAIRD [2013] FCCA 214 [2013] FCCA 214 4 June 2013

CaseChat Overview and Summary

In the matter of Dabney and Laird, heard before Judge Altobelli, the dispute concerned the division of property and financial entitlements between the parties. The court was required to determine how various assets, including real estate, bank accounts, vehicles, household contents, and superannuation, should be allocated and to make orders regarding a monetary sum to be paid by one party to the other.

The court's reasoning led to a detailed division of the parties' assets. The Applicant was declared the sole and beneficial owner of specific property, bank accounts, a motor vehicle, household contents, and superannuation entitlements. Conversely, the Respondent was declared the sole and beneficial owner of different property, bank accounts, artworks, household contents, and superannuation entitlements.

Furthermore, the court ordered the Respondent to pay a sum of $150,740.00 to the Applicant within 90 days. In the event of non-payment, the Respondent was directed to sell Property K by public auction. The proceeds of this sale were to be applied first to sale costs, then to the payment of the principal sum plus interest to the Applicant, with any remaining balance to be paid to the Respondent. The court also provided a mechanism for resolving disputes regarding the reserve price or offers for Property K, involving the President of the New South Wales Real Estate Institute or a nominee. Finally, the court directed that any applications for costs should be made by way of written submissions.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Injunction

  • Appeal

Actions
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Most Recent Citation
Vaher v Gibson [2008] SADC 75

Cases Citing This Decision

14

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Wotton v Wotton [2025] NSWSC 449
Sudsai v Barbetti [2008] NSWDC 30
Cases Cited

8

Statutory Material Cited

3

Taisha v Peng [2012] FamCA 385
Jonah & White [2011] FamCA 221
Moby & Schulter [2010] FamCA 748