Lumley and Gartside (No 2)

This matter came before Young J concerning a dispute between Lumley and Gartside. The core of the dispute involved the sale of two properties, "the Farm" and "the Cottage," and the subsequent division of proceeds, as well as the distribution of other assets and superannuation entitlements. The parties sought consent orders to resolve these matters.

The court was required to determine the terms and conditions for the sale of the Farm and the Cottage, including the method of sale, the roles of the parties and agents, the reserve prices, and the conduct of conveyancing. Further, the court needed to establish how the proceeds from the sale of the Farm would be applied, specifically the division between the parties. The court also had to determine the application of the proceeds from the Cottage sale, which were to be paid into a superannuation fund, and the subsequent steps for calculating and distributing members' entitlements from that fund, including the husband's resignation as trustee. Finally, the court needed to address the distribution of other specified personal property and the overall dismissal of extant applications.

The court made orders by consent, reflecting an agreement between the parties on the resolution of their dispute. These orders mandated the parties to take all necessary steps to place the Farm and the Cottage on the market for sale, specifying that the sale would be by public auction on a nominated date, with the Farm to be offered first and potentially in separate parcels. The orders detailed the commission arrangements with the selling agent, the parties' liberty to bid, and their obligation to comply with the agent's reasonable recommendations for preparing the properties for sale. The husband was granted liberty to attend the property on the auction day under specific conditions. The court set reserve prices for both properties and stipulated that farm plant and equipment would be offered with the properties. The proceeds from the Farm sale were to be applied first to sale costs and then divided with 46.25% to the wife and 53.75% to the husband. The proceeds from the Cottage sale were to be paid into the K Superannuation Fund, with subsequent orders detailing the calculation of capital gains tax, preparation of tax returns, recalculation of members' entitlements, and the husband's option to roll out or receive his entitlement, followed by his resignation as trustee. The orders also provided for the transfer of specific funds and personal property to the wife, the collection of other items by the wife, and clarified the sole entitlement of each party to other property in their possession, severing any joint tenancies. All extant applications were dismissed, and specific court dates were vacated.