Goggin and Goggin

This matter concerned the division of property between a husband and wife, heard by Fowler J. The dispute involved the sale of multiple properties, including R Street property 1, H Street property, R Street property 2, and B Street property, as well as the distribution of sale proceeds and the allocation of various assets and debts.

The court was required to determine the specific terms and conditions under which the properties would be sold, the order of priority for the distribution of sale proceeds, and the final entitlements of each party to remaining assets and liabilities. This included decisions on who would manage the sales, the appointment of agents and solicitors, and the allocation of specific items of personal property and business interests.

Fowler J ordered that the wife be appointed trustee for the sale of R Street property 1 and solely authorised to sell H Street property and R Street property 2. The B Street property was to be sold after the completion of the other sales. Specific conditions were set for the sales, including the wife's liberty to appoint selling agents and negotiate sale arrangements, and the appointment of Mr L as solicitor for the vendor in relation to the first three properties. The proceeds of sale were to be applied first to sale costs, then to discharge mortgages and debts to the New South Wales Government Agency. Any remaining funds from the sale of H Street property and R Street property 2 were to be applied to Business 1's debts, with any further surplus to be paid to Business 1. For the B Street property, after sale costs, mortgages, government agency debts, and Business 1's debts, 70% of the remaining balance was to go to the wife and 30% to the husband. The husband was also ordered to indemnify the wife in respect of certain bank debts and pay her a specified sum, charged against his entitlement from the B Street property sale. Each party was allocated specific personal assets and superannuation, and the wife was to wind up Business 1. Each party was to remain solely responsible for their individual credit card debts.