Johnson and Johnson
Case
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[2010] FamCA 978
•21 September 2010
Details
AGLC
Case
Decision Date
Johnson and Johnson [2010] FamCA 978
[2010] FamCA 978
21 September 2010
CaseChat Overview and Summary
In the matter of *Johnson and Johnson*, heard by Coleman J, the dispute concerned the division of property and the financial and proprietary interests of the parties following their separation. The orders made by the court addressed the disposition of a property known as the U Street property, the parties' respective shares in it, and the husband's directorship in the C Business.
The court was required to determine the terms upon which the U Street property would be transferred, including the payment of a sum by the wife to the husband and the severance of the parties' joint tenancy. Further issues included the husband's right of exclusive occupation of the property pending payment, the wife's option to purchase the husband's interest, the division of other assets, and the husband's resignation from his directorship in the C Business, with provision for indemnification.
Coleman J ordered that the wife pay the husband $120,000 within 90 days, at which point the husband was to transfer his interest in the U Street property to the wife. The wife was to indemnify the husband against all liabilities and outgoings relating to the property. The court declared the joint tenancy severed, with the parties to hold the property as tenants in common in shares of 31/43 to the wife and 12/43 to the husband. The husband was granted exclusive occupation until payment, provided he maintained the property and met outgoings. The wife was to provide four weeks' notice of her intention to exercise the purchase option. Each party was to retain their other property, and the husband was to resign as director of the C Business, with the wife indemnifying him against any liabilities arising from his directorship. Certain effects were to be left for the wife at the U Street property.
The court was required to determine the terms upon which the U Street property would be transferred, including the payment of a sum by the wife to the husband and the severance of the parties' joint tenancy. Further issues included the husband's right of exclusive occupation of the property pending payment, the wife's option to purchase the husband's interest, the division of other assets, and the husband's resignation from his directorship in the C Business, with provision for indemnification.
Coleman J ordered that the wife pay the husband $120,000 within 90 days, at which point the husband was to transfer his interest in the U Street property to the wife. The wife was to indemnify the husband against all liabilities and outgoings relating to the property. The court declared the joint tenancy severed, with the parties to hold the property as tenants in common in shares of 31/43 to the wife and 12/43 to the husband. The husband was granted exclusive occupation until payment, provided he maintained the property and met outgoings. The wife was to provide four weeks' notice of her intention to exercise the purchase option. Each party was to retain their other property, and the husband was to resign as director of the C Business, with the wife indemnifying him against any liabilities arising from his directorship. Certain effects were to be left for the wife at the U Street property.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Property Law
Legal Concepts
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Remedies
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Injunction
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Fiduciary Duty
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Constructive Trust
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Costs
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Damages
Actions
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Citations
Johnson and Johnson [2010] FamCA 978
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Norbis v Norbis
[1986] HCA 17
Norbis v Norbis
[1986] HCA 17
Kardos v Sarbutt
[2006] NSWCA 11