Lindner and Lindner
Case
•
[2017] FamCA 498
•17 July 2017
Details
AGLC
Case
Decision Date
Lindner and Lindner [2017] FamCA 498
[2017] FamCA 498
17 July 2017
CaseChat Overview and Summary
In the matter of *Lindner and Lindner*, Rees J of the Family Court of Australia considered the distribution of funds arising from the sale of shares held by the husband and wife in two companies, J Limited and B Limited. The dispute concerned the priority and allocation of these sale proceeds between the parties.
The central legal issue before the Court was how the proceeds of the share sale should be distributed, specifically in relation to the wife's entitlement to certain sums, including interest, and her costs of both the appeal and the substantive proceedings. The Court was required to determine the order in which these payments should be made from the available funds.
Rees J ordered that the funds raised from the sale of the shares be paid in a specific order of priority. Firstly, the wife was to receive the sum of $41,142, plus applicable interest. Secondly, she was to be paid $23,575 representing the costs of the appeal. Thirdly, a further sum of $50,000 was to be paid to the wife for the costs of the substantive proceedings. Finally, any remaining balance of the sale proceeds was to be paid to the husband. This order was subject to its formal entry in the Court's records.
The central legal issue before the Court was how the proceeds of the share sale should be distributed, specifically in relation to the wife's entitlement to certain sums, including interest, and her costs of both the appeal and the substantive proceedings. The Court was required to determine the order in which these payments should be made from the available funds.
Rees J ordered that the funds raised from the sale of the shares be paid in a specific order of priority. Firstly, the wife was to receive the sum of $41,142, plus applicable interest. Secondly, she was to be paid $23,575 representing the costs of the appeal. Thirdly, a further sum of $50,000 was to be paid to the wife for the costs of the substantive proceedings. Finally, any remaining balance of the sale proceeds was to be paid to the husband. This order was subject to its formal entry in the Court's records.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Remedies
Actions
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Citations
Lindner and Lindner [2017] FamCA 498
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Lenova & Lenova (Costs)
[2011] FamCAFC 141
Knight v FP Special Assets Ltd
[1992] HCA 28