Nest and Nest

This matter came before Justice Burr concerning proceedings between a husband and wife. The husband had made an oral application for Justice Burr to disqualify himself, which was refused. The proceedings involved a Form 2 Application filed by the husband, which was subsequently dismissed. The court also addressed the filing of trial affidavits and other necessary trial material, with a regime to be ordered on an adjourned date.

The legal issues before the court included the husband's application for disqualification, the determination of the parameters of the estate of the late Ms F Nest, and the admissibility and nature of valuation evidence concerning properties at S and K. The court also considered the husband's financial disclosure obligations, including the filing of a Financial Questionnaire and a sworn Financial Statement, and the provision of expert opinions regarding his injuries and prognosis, as well as potential Capital Gains Tax liabilities on real estate.

Justice Burr reasoned that the husband's application for disqualification was unfounded. The court granted the wife leave to issue subpoenas to Ms T and Mr T for documents relevant to the estate of the late Ms F Nest, to assist in defining its parameters. Leave was also granted to the husband to file an affidavit from a valuer to review existing valuations and provide alternative views on property values, subject to specific requirements regarding the valuer's qualifications and the content of the affidavit. The court dismissed the husband's Form 2 Application and adjourned further consideration of adversarial valuation evidence. The court also extended time for the husband's financial disclosure and ordered him to pay the costs of obtaining Capital Gains Tax advice. The trial was listed for 23 September 2008.