HARRICK & HARRICK
Case
•
[2019] FamCA 739
•18 October 2019
Details
AGLC
Case
Decision Date
HARRICK & HARRICK [2019] FamCA 739
[2019] FamCA 739
18 October 2019
CaseChat Overview and Summary
In the matter of *Harrick & Harrick*, Ms Harrick (the Applicant) sought the enforcement of final property consent orders made in 2011 against Mr Harrick (the Respondent). The Court found that the Respondent was indebted to the Applicant.
The primary legal issue before the Court was the enforcement of the existing property consent orders and the determination of the quantum of the Respondent's indebtedness to the Applicant. The Court was also required to consider the appropriate orders for the payment of this debt, including the accrual of interest, and the allocation of costs for the enforcement proceedings.
Baumann J reasoned that the Respondent was indebted to the Applicant in the sum of $47,020.91. The Court ordered that this sum be paid within thirty days. Further, the Court ordered simple interest to be paid on specific sums from particular dates until repayment, at a rate of 5% per annum. Costs were ordered to be paid by the Respondent to the Applicant on a party and party basis, to be agreed or fixed by the Court. In default of payment within thirty days, the Court also ordered that the Applicant be appointed Trustee for the sale of a specified property.
The primary legal issue before the Court was the enforcement of the existing property consent orders and the determination of the quantum of the Respondent's indebtedness to the Applicant. The Court was also required to consider the appropriate orders for the payment of this debt, including the accrual of interest, and the allocation of costs for the enforcement proceedings.
Baumann J reasoned that the Respondent was indebted to the Applicant in the sum of $47,020.91. The Court ordered that this sum be paid within thirty days. Further, the Court ordered simple interest to be paid on specific sums from particular dates until repayment, at a rate of 5% per annum. Costs were ordered to be paid by the Respondent to the Applicant on a party and party basis, to be agreed or fixed by the Court. In default of payment within thirty days, the Court also ordered that the Applicant be appointed Trustee for the sale of a specified property.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Costs
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Remedies
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Constructive Trust
Actions
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Citations
HARRICK & HARRICK [2019] FamCA 739
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