Khalif & Khalif (No 2)

In the case of Khalif & Khalif (No 2), the wife sought an order enforcing a previous ruling that the husband's brother should deliver a transfer of his interest in certain property to her. The husband's brother, in turn, sought a stay of the wife's application pending the outcome of his application for special leave to appeal and any subsequent appeal to the High Court. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the husband's brother had established exceptional or special circumstances that warranted a stay of the wife's application and whether the husband's brother's recent changes to conveyancing practices in New South Wales could be considered a legitimate "practical difficulty" that required further time to comply with the order. The court had to balance the interests of both parties and determine the appropriate course of action.

The court found that the husband's brother had not demonstrated exceptional or special circumstances that would warrant a stay of the wife's application. The court also found that the husband's brother's argument regarding recent changes to conveyancing practices in New South Wales was not substantiated by any evidence and was, therefore, insufficient to warrant a stay. The court concluded that the husband's brother should comply with the previous order as soon as practicable and transfer his interest in the property electronically in accordance with the new regulations.

The court dismissed the husband's brother's application for a stay and ordered him to comply with the previous order within seven days. The wife's application for the delivery of a duly executed transfer was granted, with the understanding that the transfer would be completed electronically in accordance with the new conveyancing regulations.