Erington and Erington

In the matter of *Erington and Erington*, Johns J considered an application concerning the sale of businesses and related costs. The husband, acting as director and/or shareholder of several companies including B Pty Ltd, C Pty Ltd, Erington Pty Ltd, and D Pty Ltd, sought liberty to complete the sale of businesses located in Suburb E and Suburb F to newly incorporated entities. This sale was to occur prior to the appointment of receivers by ANZ over these businesses.

The central legal issue before the court was whether to grant the husband liberty to proceed with the sale of the businesses on the terms outlined in annexure ME-2 of his affidavit. The court also had to determine the disposition of costs, the husband's application, the wife's response, and various interim applications.

Johns J granted the husband liberty to execute the sale of the businesses to the newly incorporated entities, Suburb E Pty Ltd as trustee for the Suburb E Trust and Suburb F Pty Ltd as trustee for the Suburb F Trust, on the specified terms. The court reserved all questions of costs and dismissed the husband's application and the wife's response, along with all extant interim applications. The requirement for the parties to attend a Conciliation Conference was dispensed with, as the parties indicated their intention to engage in private mediation.