Field & Kingston

The case of Field & Kingston concerns a dispute between a husband and wife over property settlement orders and enforcement of these orders. The husband had originally appealed against the orders made by Foster J, which were subsequently dismissed by the Full Court and the High Court. The wife filed an enforcement application seeking a warrant for possession and sale of the property due to the husband's failure to make the required payment to her. The husband opposed the sale of the property and sought a stay and a variation of the orders, but these applications were dismissed by Altobelli J.

The primary legal issues before the court were whether there had been a miscarriage of justice in the making of the original orders and whether there was a failure by the registrar to make an order for interest payable on the property settlement sum. The court had to determine if the husband's claims were valid and whether the orders for the sale of the property and distribution of proceeds were appropriate.

The court found that there was no miscarriage of justice in the original orders as the valuation evidence provided a reasonable basis for the distribution of the property. The court also determined that the registrar's failure to order interest on the property settlement sum did not constitute a miscarriage of justice. The court held that the sale of the property and the use of the actual sale price to calculate the parties' entitlements was appropriate and did not result in a miscarriage of justice.

The final orders of the court were that the wife's application for a review of the registrar's orders was dismissed. The court found no miscarriage of justice in the original orders and determined that the enforcement of these orders was appropriate.