Dewell and Harris

[2019] FamCA 258

FAMILY COURT OF AUSTRALIA

DEWELL & HARRIS [2019] FamCA 258

FAMILY LAW – PROPERTY SETTLEMENT – Interest – Where the wife seeks payment of interest on the judgment debt – Where the husband makes an application that no interest be payable on the judgment debt, or in the alternate, that interest only be payable for certain periods – Where the onus lay upon the husband to demonstrate it was in the interest of justice to vary the rate of interest – Where that onus was not satisfied – Where the husband kept and invested the funds and deprived the wife of that opportunity – Where interest should be paid up until the time the principal amount was paid.

Family Law Act 1975 (Cth) s 117B.
Family Law Rules 2004 r 17.03.

Matthews & Matthews (2006) 47 Fam LR 20
Stephens & Stephens (2009) 41 FamLR 423

APPLICANT: Ms Dewell

RESPONDENT: Mr Harris

FILE NUMBER: SYC 5809 of 2011

DATE DELIVERED: 24 April 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 16 April 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Campton SC

SOLICITOR FOR THE APPLICANT: Karras Partners Lawyers

COUNSEL FOR THE RESPONDENT: Ms Williams

SOLICITOR FOR THE RESPONDENT: Horton Rhodes Lawyers

Orders

IT IS ORDERED

1. That, within seven days of the date of these Orders, the husband pay to the wife, or as she may direct, interest in the sum of $222,927.03.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Dewell & Harris has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5809 of 2011

Ms Dewell

Applicant

And

Mr Harris

Respondent

REASONS FOR JUDGMENT

1. On 4 November 2016, orders were made in defended proceedings for property settlement between Ms Dewell (“the wife”) and Mr Harris (“the husband”).

2. Order 2(b) required that the husband pay to the wife the sum of $2,132,078, which was later amended pursuant to the slip rule to $2,059,869. The payment was to be made by 2 February 2017.

3. The husband appealed against the orders and sought a stay. The wife filed a cross-appeal.

4. In relation to the stay the husband, relevantly,  sought the following order:

   1.That Orders 2 to 4 (inclusive) of the Orders made on 4 November 2016 be stayed pending the determination of the husband’s Appeal filed 1 December 2016 on the following conditions:-

   1.1That within 14 days from the date of these Orders the husband pay to the Wife, or as she may direct, in writing the sum…