Morton and Morton

In the matter of *Morton and Morton*, heard before Young J, the dispute concerned the disposition of funds arising from the sale of vacant land. The orders indicate a matrimonial property dispute where the wife sought certain arrangements regarding the proceeds of sale, with an "Interested Party" also involved in the proceedings.

The court was required to determine how the balance of monies from the sale of the vacant land should be held pending further determination of the proceedings. It also needed to address the discharge of mortgage obligations and associated conveyancing and agent fees related to the property sale, and to set timelines for the filing and service of further evidence by the parties.

Young J ordered that the wife be excused from attending the hearing. Crucially, the court directed that the balance of monies from the sale of the vacant land be held in an interest-bearing trust account by an agreed party for the benefit of the wife and the Interested Party until the adjourned hearing date. The husband, or the Interested Party, was permitted to file further responses and affidavits by a specified date, while the wife was to serve a sealed copy of the order and her supporting documents promptly. Liberty to apply was reserved.