Falkner and Stokes

In the matter of *Falkner and Stokes*, heard before Bennett J, the dispute concerned the disposition of a property known as the B Town Property. The wife was required to elect within 14 days whether to retain the property at a value specified in a particular contract of sale, or to join with the husband in selling the property pursuant to that contract. If the wife failed to make such an election in writing and communicate it to the husband's solicitors, she was to take all necessary steps to facilitate the sale.

The court was required to determine the immediate steps concerning the B Town Property and to address the husband's application filed on 10 February 2017 and the wife's response. It was noted that there had been no hearing on the merits of paragraph 4 of the husband's application. The costs of the proceedings were reserved.

Bennett J ordered that the wife must elect within 14 days to either retain or not retain the B Town Property at the value stipulated in the specified contract of sale. In default of such an election, the wife was to cooperate in the sale of the property under that contract. The court further ordered that the husband's application and the wife's response thereto be dismissed, with the specific notation that paragraph 4 of the husband's application had not been heard on its merits. The order clarified that it did not authorise any other contract of sale, and if the specified sale did not proceed, the order would be irrelevant. The matter was otherwise set down for a final hearing on 7 August 2017.