Kuay-Hoa and Hoa

In the matter of *Kuay-Hoa and Hoa*, Dessau J of the Family Court of Australia considered a dispute between a husband and wife concerning the sale of a property located in New South Wales. The wife sought orders for the sale of the property at a specified price, and the court was required to determine the terms of that sale and the husband's obligations in relation to it.

The central legal issue before the court was whether to grant the wife's application for an order compelling the sale of the property at a price of $430,000 and to make provision for the execution of necessary sale documents. The court also had to consider the role of the existing real estate agent and the disposition of the wife's other applications.

Dessau J ordered that the husband must sign all necessary documents to effect the sale of the property at the agreed price of $430,000 within 48 hours of a written request from the wife's solicitor. The court further ordered that if the husband failed to comply, a Registrar of the Family Court could sign such documents on his behalf, pursuant to section 106A of the *Family Law Act 1975*. The existing real estate agent was to remain the exclusive agent unless the parties agreed otherwise in writing. The wife's application filed on 28 September 2007 was otherwise dismissed, and the husband was ordered to pay the wife's costs of this application, fixed at $2,000, to be deducted from his share of the proceeds from the property sale.