OLWYN & OLWYN

In the matter of OLWYN & OLWYN, Brown J of the Family Court of Australia made orders concerning the removal of items from a property. The dispute involved the wife's obligation to clear the real property of "unsightly items," including stock, plant, and machinery, as determined by a real estate agent appointed to auction the property.

The court was required to determine the specific steps the wife must take to remove these items, including her authority to engage locksmiths for access, employ removal services, and arrange for the sale or disposal of the items. The court also needed to address the financial implications of these actions, specifically how the costs incurred by the wife would be deducted from funds otherwise payable to the husband, and how the proceeds of any sale would be handled.

Brown J ordered the wife to forthwith remove all unsightly items from the property. To facilitate this, the wife was authorised to employ locksmiths to gain access and to engage persons to undertake the removal. She was also permitted to sell such items as could be sold to M Metal, with the terms of sale at her discretion, and to arrange for unsold items to be disposed of at a tip. All costs associated with these actions were to be deducted from a sum of $110,000 otherwise payable to the husband, and the wife was to account for the net proceeds of any sale. The husband was ordered to pay the wife's costs for specific applications, and a sum of $10,000 was to be retained by the wife's solicitors from funds due to the husband, from which the wife's costs would be paid. Any remaining balance was to be paid to the husband.