Harper and Harper

In *Harper and Harper*, heard by Judge Harman, the parties sought final orders concerning the division of their property. The dispute centred on the equitable distribution of assets and liabilities, particularly a property identified as "Property A," and the financial obligations of each party pending the finalisation of these arrangements.

The court was required to determine the terms of the property settlement, including the payment of a sum of money, the transfer of interests in Property A, and the discharge of any associated mortgage. Furthermore, the court needed to establish a mechanism for the sale of Property A in the event that the primary settlement terms were not met, including provisions for agreeing on agents, sale prices, and legal representatives. The court also had to address the distribution of net proceeds from any sale, the ongoing responsibilities of Mr Harper regarding the property, and the allocation of other personal property and financial interests.

Judge Harman ordered Mr Harper to pay Ms Harper $211,715.00 by a specified date. Contemporaneously with this payment, Ms Harper was to transfer her interest in Property A to Mr Harper, who was then required to discharge any mortgage encumbering the property. In the event Mr Harper failed to make the payment by the deadline, the parties were ordered to list and sell Property A by private treaty, with detailed provisions for resolving disagreements regarding the agent, sale price, and solicitor. The net proceeds of any sale were to be applied first to the mortgage discharge, then to sale costs, with the remaining balance divided 60% to Ms Harper and 40% to Mr Harper, subject to an adjustment for mortgage arrears exceeding a specified amount. Mr Harper was also ordered to meet ongoing mortgage payments, rates, and insurance for Property A pending transfer or sale, and to indemnify Ms Harper against claims related to funds advanced by a Ms D. The orders also stipulated the retention of personal property and financial interests by each party, and provided for the appointment of a Registrar to execute documents if a party refused to do so. All outstanding applications were dismissed.