Gibbs & Gibbs

The appeal heard in Gibbs & Gibbs was brought by the husband against a decision of the Family Court which ordered him to pay his wife, the respondent, a sum of $3,303,714 following their separation. The husband sought to appeal the decision on several grounds, including the primary judge's failure to provide adequate reasons for a 5% adjustment made to the wife's favour under section 75(2) of the Act. The appeal was ultimately dismissed.

The primary legal issue before the court was whether the primary judge's exercise of discretion in making the financial orders was proper and justified. The husband argued that the primary judge failed to provide adequate reasons for her decision to adjust the distribution of the assets in the wife's favour by 5%. The court considered whether the primary judge had acted upon a wrong principle, allowed extraneous or irrelevant matters to guide her, made a mistake of fact, or failed to take into account material considerations.

The court found that the primary judge had properly exercised her discretion. The judge had considered the relevant evidence and factors, including the wife's contribution to the relationship and her existing assets. The court held that the primary judge's reasons, while not exhaustive, were sufficient to demonstrate that she had considered and evaluated the relevant evidence and taken into account all relevant factors. The court found that the primary judge was not plainly wrong in making the adjustment, and therefore the appeal was dismissed.

The court's decision upheld the primary judge's exercise of discretion and affirmed the financial orders made in favour of the wife. The husband was ordered to pay the wife the sum of $3,303,714 within 42 days of the date of the Final Order. In the event of default by the husband, the wife was to be paid interest at the rate of 2% per annum on the unpaid amount from the date of default until the date of payment.