Field & Basson

The case of Field & Basson involves an appeal by the husband against property settlement orders made by Federal Magistrate Roberts. The wife opposed the appeal, which sought to set aside all orders, sell all assets, discharge all liabilities, and divide the net proceeds of sale 65 per cent to the wife and 35 per cent to the husband. The husband's grounds for appeal were primarily weight challenges, which are difficult to succeed with in such contexts. The court found no merit in any of the grounds of appeal, leading to the dismissal of the appeal.

In addition to the appeal, the husband filed an application to adduce further evidence concerning the stock of the parties' business. The wife opposed this application, which sought to introduce emails and Facebook pages to show that the wife had continued to sell stock before and during the trial and after the Federal Magistrate's orders were made. The husband aimed to use this evidence not to establish error but to prevent what he described as an affront to common sense or justice. The court dismissed the application, as these matters were not suitable for appeal.

The court concluded by dismissing the appeal and the application to adduce further evidence filed on 20 August 2012. The wife had not sought costs against the husband in the event the appeal was dismissed, so the court made no order as to costs. The outcome of the case affirmed the orders made by the Federal Magistrate Roberts and rejected the husband's attempts to challenge those orders on various grounds.