Parsons and Prendergast

This matter concerned an application by the husband and wife for settlement of property. The Honourable Justice Guest presided over the proceedings.

The court was required to determine the quantum of property settlement to be paid by the husband to the wife, and to address the husband's responsibility for costs associated with the mortgagee sale of certain properties. The court also considered the disposition of any net sum the husband might recover from legal processes related to those sales, and outstanding costs orders.

Justice Guest ordered the husband to pay the wife a total of $144,560 by way of property settlement. This included an immediate payment of $118,315.09 from funds held in trust by the husband's solicitors. The husband was solely responsible for all costs incurred by Perpetual Limited arising from the enforcement and mortgagee sales of properties located at H, N, and E. Any net sum recovered by the husband from legal actions concerning these sales was to be held in trust by his solicitors and applied towards any outstanding balance of the property settlement owed to the wife. Additionally, the husband was ordered to pay the wife $10,500 for outstanding costs from previous court orders. All other applications were dismissed, and the proceedings were removed from the Active Pending Cases List, with the wife's costs otherwise reserved.