Pelkas & Dellis

In the case of Pelkas & Dellis, the appellant, Ms Pelkas, appealed a decision from a lower court involving a property settlement between her and the respondent, Mr Dellis. The original matter was heard and decided by a primary judge who made certain findings regarding the valuation of a property and the financial settlement between the parties. Ms Pelkas appealed these findings, arguing that the primary judge had made an error in the valuation, which was based on outdated information. The appeal was heard by the Full Court, which granted an application to admit further evidence that was not available at the time of the original decision. This evidence demonstrated that the primary judge's valuation was incorrect.

The Full Court considered the new evidence and found that the primary judge's findings were indeed incorrect. Consequently, the appeal was allowed, and the original orders were set aside. New orders were made, requiring Mr Dellis to pay Ms Pelkas a specified sum of money in two installments, with provisions for a forced sale of a property if the payments were not made. The court also dismissed the parties' applications for costs certificates, finding that their conduct during the proceedings did not warrant the imposition of costs.

The final orders of the Full Court, made on 2 November 2023, confirmed the new financial settlement between the parties and ensured that the appellant received the amount due to her, with provisions for enforcing payment if necessary. Additionally, on 10 November 2023, the court dismissed the applications for costs, noting that the conduct of the parties was inconsistent with the obligations under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.