Gateau & Gateau

In *Gateau & Gateau*, heard by Young J, the dispute concerned the division of matrimonial property between the husband and wife. The wife had lodged caveats over two properties, the East Property and the West Property, which were subject to mortgages. The proceedings involved applications relating to the sale of these properties and the distribution of the proceeds, as well as other financial matters between the parties.

The court was required to determine the terms upon which the East Property and West Property should be sold, how the proceeds of sale should be distributed, and to make orders regarding the management of other assets and liabilities. Specifically, the court needed to address the wife's withdrawal of caveats, the conduct of the sales, the priority of payments from the sale proceeds, and provisions for the children's education. Further issues included restraining the husband from encumbering property, allowing him to sell shares for specific purposes, and requiring disclosure of financial information.

Young J ordered the wife to withdraw her caveats over the East and West Properties, and that both parties take all necessary steps to sell these properties. The proceeds were to be applied first to sale costs, then to discharge mortgages, followed by capital gains tax. A sum of $30,000 was to be paid to each party as part property settlement. A further $36,000 was to be set aside for the children's education costs, with any balance to be held pending further court order or agreement. The court also made detailed provisions regarding the terms of sale, including reserve prices and the conduct of the sales by the husband, with dispute resolution mechanisms for any disagreements. Orders were also made restraining the husband from further encumbering property, permitting him to sell shares up to $10,000 for specific purposes, and requiring him to continue paying mortgage instalments on the former matrimonial home. Both parties were ordered to make documents available for inspection and the husband was to provide a summary of liabilities. The wife was ordered to file an updated financial statement, and the husband's Form 2 was dismissed.