NGO & HAN (No.2)

In the matter of NGO & HAN (No.2), Judge Carter was required to determine property settlement orders between the parties, the Wife and the Husband. The dispute involved significant contradictions in the evidence presented by the parties, particularly concerning the existence of previous agreements, the date of separation, and the disclosure of several cash transactions. The court also had to consider a previous costs order made against the Wife.

The central legal issues before the court were whether it was just and equitable to make final property orders given the conflicting evidence and lack of full disclosure by the parties. The court needed to assess the credit of the parties in light of their differing accounts and determine the appropriate division of property, including a property identified as Property A.

Judge Carter's reasoning focused on the need to make a just and equitable division despite the challenges posed by the contradictory evidence and disclosure issues. The court applied principles of family law concerning property division, taking into account the parties' contributions and the overall circumstances. The court was satisfied that the orders made represented a just and equitable outcome.

The court made detailed orders regarding the Wife's election to either pay the Husband a sum of $178,000 for 25% of the equity in Property A, plus $23,000 for the previous costs order, or to sell Property A. If the Wife elected to sell, the proceeds were to be applied to sale costs, encumbrances, a specified amount to the Husband, and the balance to the Wife. The orders also stipulated that each party would retain their sole property and liabilities, with specific provisions for joint tenancies and superannuation. All extant applications were dismissed.