Messina and Messina

In *Messina and Messina*, heard by Judge Altobelli, the dispute concerned the division of property between a husband and wife. The court was required to make orders for the transfer of a property and the payment of a sum of money, with provisions for the sale of the property should the primary payment not be made.

The court was tasked with determining the terms of the property settlement, including the valuation and division of a specific property, and the mechanism for its sale if necessary. The orders also addressed the ownership of other property held by each party and the execution of necessary documents to give effect to the settlement.

The court ordered that the wife pay the husband a specified sum of money within ninety days, and concurrently, the husband was to transfer his interest in a particular property to the wife. If the wife failed to make this payment, interest would accrue on the sum, and the property was to be sold by private treaty. If a private sale was not achieved within three months of the wife's failure to comply, the property was to be sold by public auction. The proceeds of any sale were to be applied first to sale costs and outstanding rates, then to repay the husband the principal sum plus interest, with any remaining balance to be paid to the wife. The court also declared each party the sole owner of other property in their possession and appointed a Registrar or Deputy Registrar to execute documents if a party failed to do so.