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.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Constructive Trust

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

McMillan & McMillan [2016] FamCA 387