Martin and Harris

In *Martin and Harris*, heard before Justice Fowler, the proceedings concerned an application by the husband to set aside consent orders made on 25 February 2004. The wife sought to enforce these consent orders and also sought further orders relating to the division of assets and liabilities.

The court was required to determine whether the husband had established grounds to set aside the previously made consent orders. Additionally, the court had to consider the wife's applications for the enforcement of those consent orders and for ancillary orders concerning the payment of specific sums, the division of jointly held assets, and the allocation of liabilities.

Justice Fowler dismissed the husband's application to set aside the consent orders, finding that he had not provided sufficient grounds for this relief. The court then proceeded to make extensive orders for the enforcement of the 2004 consent orders. These enforcement orders included directing the payment of specific sums from jointly held trust monies to both the wife and the husband, ordering the husband to pay interest on a sum due to the wife, and requiring the husband to pay a significant amount representing fifty percent of an increase in the mortgage due to his default. The court also established a charge in favour of the wife over any entitlements the husband might have under the orders, to secure payment of the amounts due to her. Further orders were made for the sale of certain assets listed in Annexure "B" to the consent orders, with the wife appointed as trustee for the sale, and provisions were made for the proceeds of sale to be applied towards amounts due to the wife. The husband was also ordered to pay the wife a sum representing half of the proceeds he received from the sale of goods from a boatshed without her authority, and to indemnify the wife in respect of certain remaining liabilities. The court confirmed the terms of the consent orders, granted liberty to apply regarding their interpretation or implementation, and set out a detailed procedure for any applications for costs, stipulating that if no costs application was filed within the specified time, each party would bear their own costs.