Erington and Erington (No 2)
Case
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[2016] FamCA 1104
•3 August 2016
Details
AGLC
Case
Decision Date
Erington and Erington (No 2) [2016] FamCA 1104
[2016] FamCA 1104
3 August 2016
CaseChat Overview and Summary
In the matter of *Erington and Erington (No 2)*, Johns J considered an application by the husband seeking orders relating to a caveat lodged by the wife on the title of certain real property. The dispute concerned the wife's actions in lodging the caveat and the husband's subsequent application to have it removed and to prevent further such actions.
The primary legal issues before the court were whether the wife should be compelled to remove the caveat she had lodged, and whether she should be restrained from lodging any further caveats on properties in which the husband held a legal or beneficial interest, either personally or through his company, Erington Pty Ltd. The court also had to determine the disposition of various paragraphs of the husband's applications.
Johns J ordered the wife to remove the caveat at her own expense and restrained her, her servants, and agents from lodging any further caveats on properties in which the husband had an interest. The court also dismissed certain paragraphs of the husband's application and adjourned others for further hearing. The husband's costs were fixed and reserved to the Trial Judge.
The primary legal issues before the court were whether the wife should be compelled to remove the caveat she had lodged, and whether she should be restrained from lodging any further caveats on properties in which the husband held a legal or beneficial interest, either personally or through his company, Erington Pty Ltd. The court also had to determine the disposition of various paragraphs of the husband's applications.
Johns J ordered the wife to remove the caveat at her own expense and restrained her, her servants, and agents from lodging any further caveats on properties in which the husband had an interest. The court also dismissed certain paragraphs of the husband's application and adjourned others for further hearing. The husband's costs were fixed and reserved to the Trial Judge.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Remedies
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Res Judicata
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