Daymond & Anor and Daymond & Ors (No. 2)

The proceedings before the Family Court of Australia involved two separate property settlement matters between two sets of former spouses, Mr. D Daymond and Ms. M Daymond, and Mr. I Daymond and Ms. R Daymond. The core dispute in each case concerned the division of property, a significant portion of which comprised the brothers' respective interests in a family business, including shares and loan accounts with a proprietary company. Following initial judgments, the parties were ordered to provide agreed Minutes of Order to give effect to the court's percentage distribution of assets.

The court was required to determine several issues, including whether proposed Minutes of Order were just and equitable, particularly where one set of former spouses had reached agreement while the other remained in dispute. Further, the court had to consider an application for a stay of property orders pending an appeal filed by Mr. I Daymond, and the extent to which such a stay should be granted. The court also addressed applications for costs in relation to the property proceedings and the dismissed third-party claim.

In relation to the property settlement for Mr. D Daymond and Ms. M Daymond, the parties reached an agreement, and Minutes of Order were made by consent. For Mr. I Daymond and Ms. R Daymond, the court made orders giving effect to the property division, including provisions for the sale of company property and specified payment timelines. Crucially, the court granted Mr. I Daymond's application for a stay of the property orders pending his appeal, limiting the amount payable to Ms. R Daymond to a sum reflecting the percentage distribution he contended for at trial, acknowledging the bona fides and arguable case of the appeal.