Pratley and Pratley

This matter came before Gill J concerning orders sought by the Husband and Wife regarding the sale of a business, the winding up of a company, and the sale of real estate properties. The dispute centred on the practical steps and mechanisms required to effect these sales and the subsequent distribution of proceeds.

The court was required to determine the specific orders necessary to facilitate the sale of the business known as C Business, including the appointment of an agent and solicitors, the determination of the listing price and terms of sale, and the process for handling the sale proceeds. Additionally, the court needed to make orders for the winding up of B Pty Ltd, including the appointment of a liquidator and the calculation of any personal taxation liabilities arising from the winding up. Finally, the court was tasked with making orders for the sale of two real estate properties, detailing the process for agent selection, the role of solicitors, and the distribution of sale proceeds.

Gill J made detailed orders to give effect to the parties' agreement on these matters. The court ordered the sale of the business, appointing a specific agent and solicitors, and providing a framework for agreeing on the listing price and terms, with the agent to make recommendations in the event of disagreement. Similar detailed provisions were made for the sale of the real estate properties, including a process for the Wife to nominate agents and the Husband to select one, with the appointment of conveyancing solicitors. The court also ordered the appointment of a liquidator for B Pty Ltd and instructed the liquidator to calculate any personal taxation liabilities. Provisions were made for the distribution of sale proceeds from both the business and the properties, and for the parties to cooperate fully in the sale processes.

The court further ordered that the Husband's application filed on 8 July 2020 and the Wife's response filed on 4 August 2020 be dismissed, save as to costs. Provisions were made for the parties to make written submissions regarding costs, with the matter to be determined on the papers unless further oral address was required. The matter was transferred to the Registrar's list pending further application or the listing of a trial date. Liberty was reserved to either party to apply to the Court on short notice concerning the business sale, the winding up, or the sale of the properties.