Rice and Rice and Ors
Case
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[2015] FamCA 85
•19 February 2015
Details
AGLC
Case
Decision Date
Rice and Rice and Ors [2015] FamCA 85
[2015] FamCA 85
19 February 2015
CaseChat Overview and Summary
In the matter of *Rice and Rice and Ors*, Cronin J considered a dispute between a wife and two other parties, Ms B Rice and Ms C Rice, concerning the payment of a sum of money and the disposition of real properties. The wife sought orders for payment and the sale of properties, while the other parties were involved in the financial and property aspects of the dispute.
The central legal issues before the Court were the quantum of the wife's entitlement and the mechanism for its satisfaction, including whether a specific sum was payable or if a percentage of net proceeds from the sale of real properties was to be awarded. The Court also had to determine the terms of possession and vacation of these properties and the dismissal of outstanding applications.
Cronin J ordered that Ms B Rice and Ms C Rice pay the wife the sum of $328,750 by a specified date. In default of this payment, the real properties known as "D" and "E" were to be sold. If a sale became necessary, the wife's entitlement was to be 25 per cent of the net proceeds of sale after deducting sale costs, adjustments for rates and taxes, and conveyancing costs, along with interest on the outstanding capital sum. Upon receipt of the payment, the wife was to vacate the properties, granting exclusive occupation to Ms B Rice and Ms C Rice respectively. The wife was also permitted to retain her bank accounts, motor vehicle, and personal items. All other extant applications seeking final orders were dismissed, save for issues of costs.
The central legal issues before the Court were the quantum of the wife's entitlement and the mechanism for its satisfaction, including whether a specific sum was payable or if a percentage of net proceeds from the sale of real properties was to be awarded. The Court also had to determine the terms of possession and vacation of these properties and the dismissal of outstanding applications.
Cronin J ordered that Ms B Rice and Ms C Rice pay the wife the sum of $328,750 by a specified date. In default of this payment, the real properties known as "D" and "E" were to be sold. If a sale became necessary, the wife's entitlement was to be 25 per cent of the net proceeds of sale after deducting sale costs, adjustments for rates and taxes, and conveyancing costs, along with interest on the outstanding capital sum. Upon receipt of the payment, the wife was to vacate the properties, granting exclusive occupation to Ms B Rice and Ms C Rice respectively. The wife was also permitted to retain her bank accounts, motor vehicle, and personal items. All other extant applications seeking final orders were dismissed, save for issues of costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Injunction
Actions
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Citations
Rice and Rice and Ors [2015] FamCA 85
Cases Citing This Decision
0
Cases Cited
16
Statutory Material Cited
2
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