Osferatu & Osferatu (No 3)

In the matter of Osferatu & Osferatu (No 3), Le Poer Trench J considered an application concerning property settlement between a husband and wife. The dispute centred on the wife's entitlement to a significant sum of money from the husband, which the court determined was payable as interim property.

The court was required to determine the quantum of interim property to be paid by the husband to the wife and to make orders regarding the security for such payment. Additionally, the court addressed the liberty to apply for both parties, the wife's ability to enforce the orders, and the adjournment and relisting of specific paragraphs of prior applications. The court also considered the consolidation of certain aspects of the husband's response with the principal property proceedings and the continuation of a previous order.

Le Poer Trench J ordered the husband to pay $850,000 to the wife's solicitors on or before 27 January 2014, designating this sum as interim property pursuant to sections 79 and 80(1)(h) of the relevant Act. The court further ordered that if the husband required the wife to enter into mortgage or other security arrangements to raise these funds, she was to sign all necessary documents, but only to the extent that the secured sum covered the ordered payment and the costs of obtaining the mortgage. Liberty to apply on short notice was granted to both parties for matters arising from the operation or implementation of these orders, and the wife was permitted to apply for enforcement orders. Certain paragraphs of prior applications were adjourned and could be relisted if the husband failed to meet his obligations, while other paragraphs were consolidated with the principal property proceedings. Finally, the court clarified that a previous order made on 31 May 2012 would continue until further order, without affecting other orders made on that date.