Kouper and Kouper

Case

[2009] FamCA 443

20 May 2009


Details
AGLC Case Decision Date
Kouper and Kouper [2009] FamCA 443 [2009] FamCA 443 20 May 2009

CaseChat Overview and Summary

In the matter of *Kouper and Kouper*, Watts J considered a dispute between the parties concerning financial matters, specifically relating to a controlled monies account managed by Humphreys & Feather Pty Ltd. The proceedings involved an application by the husband, filed on 4 May 2009, which was ultimately dismissed.

The court was required to determine the appropriate distribution of funds from the controlled monies account and to address the husband's application for a valuation and assessment of potential rental income for a property. Specifically, the court needed to decide whether to order payments from the controlled monies account to P Company in respect of a property and whether to appoint a single expert to assess the likely rental income of another property.

By consent, the court ordered Humphreys & Feather Pty Ltd to pay $2,824.20 per month from the controlled monies account to P Company, or its successor managing agent, for the premises known as C property, until a total sum of $16,900 was reached or further order. The court also ordered that Humphreys & Feather Pty Ltd pay $850 plus GST from the controlled monies account to Mr O for his costs in providing a valuation and assessment of the likely rental income for the property known as K, for the period from 1 March 1998 to 7 September 2009. However, the husband's application seeking this valuation and assessment was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Consent

  • Remedies

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