Gade and Jabbar (No.16)
Case
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[2018] FCCA 2195
•19 March 2018
Details
AGLC
Case
Decision Date
Gade and Jabbar (No.16) [2018] FCCA 2195
[2018] FCCA 2195
19 March 2018
CaseChat Overview and Summary
In *Gade and Jabbar (No.16)*, Judge Terry considered an application concerning financial and parenting matters. The dispute involved the respondent's obligation to pay a specific sum to Bank 1 and the continuation of existing orders regarding mortgage payments for Property A. The applicants sought various orders, and the respondent had also filed a response.
The court was required to determine whether the respondent would comply with an order to pay $5,852.07 to Bank 1 by a specified date, and what consequences would follow a failure to do so. Additionally, the court needed to decide on the continuation of an order for the respondent to meet mortgage payments for Property A until a final decision was delivered. The court also addressed the payment of the applicant's costs and the consideration of evidence regarding the payment of rates for Property A.
Judge Terry ordered that the respondent pay $5,852.07 to Bank 1 by 5.00 pm on 26 March 2018, and provide proof of payment by 9.00 am on 27 March 2018. Failure to comply would result in immediate orders being made as sought by the applicant in their application filed on 24 January 2018. The existing order for the respondent to pay mortgage payments for Property A was continued until the final decision. The respondent was ordered to pay the applicant's costs of the application, fixed at $5,324.56, with the timeframe for payment to be determined in the final decision. Further consideration of the respondent's requested orders was adjourned pending the reserved decision. The court noted it would consider evidence of the applicant's payment of rates for Property A in the final property determination. The court indicated an intention to deliver a decision on both parenting and property matters by 13 April 2018.
The court was required to determine whether the respondent would comply with an order to pay $5,852.07 to Bank 1 by a specified date, and what consequences would follow a failure to do so. Additionally, the court needed to decide on the continuation of an order for the respondent to meet mortgage payments for Property A until a final decision was delivered. The court also addressed the payment of the applicant's costs and the consideration of evidence regarding the payment of rates for Property A.
Judge Terry ordered that the respondent pay $5,852.07 to Bank 1 by 5.00 pm on 26 March 2018, and provide proof of payment by 9.00 am on 27 March 2018. Failure to comply would result in immediate orders being made as sought by the applicant in their application filed on 24 January 2018. The existing order for the respondent to pay mortgage payments for Property A was continued until the final decision. The respondent was ordered to pay the applicant's costs of the application, fixed at $5,324.56, with the timeframe for payment to be determined in the final decision. Further consideration of the respondent's requested orders was adjourned pending the reserved decision. The court noted it would consider evidence of the applicant's payment of rates for Property A in the final property determination. The court indicated an intention to deliver a decision on both parenting and property matters by 13 April 2018.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
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Property Law
Legal Concepts
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Costs
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Injunction
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Procedural Fairness
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Remedies
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Res Judicata
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Citations
Gade and Jabbar (No.16) [2018] FCCA 2195
Most Recent Citation
Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400
Cases Cited
0
Statutory Material Cited
2