Rogers and Rogers

In *Rogers and Rogers*, Stevenson J made orders concerning the sale of a property located at B Street, C Town, NSW. The dispute involved the husband and wife and the division of their matrimonial assets, specifically the C Town property.

The court was required to determine the terms and conditions under which the C Town property would be listed for sale, including the appointment of an agent and solicitor, the method of sale (auction or private treaty), the reserve price, and the allocation of sale proceeds. Further issues included the wife's right to reside in the property until completion, the husband's responsibility for repairs and maintenance, and the discharge of existing mortgages. The court also addressed interim property settlements and the distribution of funds from a redraw on the property's mortgage.

Stevenson J ordered that the C Town property be listed for sale with a specified agent and solicitor, with a reserve price of $5,500,000 for an auction, or private treaty thereafter if unsuccessful. The husband was to arrange and pay for necessary repairs and maintenance, with notice to the wife. Upon completion, sale costs and mortgage payments were to be deducted from the proceeds, followed by an interim payment of $2,000,000 to the wife, reimbursement to the husband for marketing costs, and the balance held in a controlled monies account. The wife was to vacate the property upon completion. Additionally, the court ordered a redraw of $100,000 from the property's mortgage, with $50,000 to be paid to each party as interim property settlements.