Kellner & Kellner & Anor (No. 2)

This case involved an application before Strickland J concerning the division of property between the applicant and the first respondent, with the second respondent also involved. The dispute centred on the distribution of various real estate properties, financial assets, and liabilities, including mortgages and tax obligations. The court was tasked with making orders to effect a comprehensive settlement of these matters.

The primary legal issues before the court were the equitable distribution of property between the parties, the discharge of existing financial encumbrances on properties, the indemnification of each party against specific debts and tax liabilities, and the enforcement mechanisms for the court's orders. This included determining the terms of property transfers, the allocation of responsibility for loans and expenses, and the consequences of non-compliance with payment obligations.

Strickland J made detailed orders to resolve the property dispute. These orders mandated the transfer of specific properties between the parties, including "I Street" to the first respondent and "C Street" and "F Street" to the applicant, subject to various conditions and indemnities. The court also ordered the first respondent to pay a significant sum to the applicant, with provisions for the sale of "U Street" if this payment was not made. Further orders addressed the retention of specific chattels and investments by each party, the resignation of the applicant from a directorship, and mutual indemnities for various company and personal liabilities. The court also appointed the Registrar or Deputy Registrar of the Family Court to execute documents on behalf of the first respondent if he failed to do so. Finally, an injunction was granted restraining the first respondent from dealing with his interest in "U Street" until payment was made to the applicant.