Neumann and Haas (No 2)

In Neumann and Haas (No 2), the wife sought orders for the husband to vacate the former matrimonial home to facilitate its sale. The husband had previously failed to comply with orders for the sale and vacation of the property and had actively frustrated its sale. The husband did not file any material in response to the wife's application.

The court was required to determine whether to make further orders compelling the husband to vacate the property and to appoint trustees to manage the sale process, given his non-compliance with previous orders and his obstruction of the sale.

Tree J found that the husband's conduct had frustrated the sale of the property and that previous orders had not been complied with. Applying principles of family law concerning property settlement and the court's power to make orders to ensure compliance, the court ordered that the husband vacate the F Town Property within 48 hours. The court further ordered that a warrant for possession could issue if the husband failed to vacate, and appointed the wife and a second respondent as joint trustees for the sale, empowering them to manage the sale process and make decisions regarding its conduct, excluding any reduction in the sale price. The court also made specific provision for the payment of a debt owed by the husband from the sale proceeds.