Ross v Ross (No 2)

The appeal concerned orders made by Ward J on 31 August 2009, which were set aside by the Court of Appeal of New South Wales. The proceedings involved claims between the parties relating to a subject property.

The Court of Appeal was required to determine whether the orders made by Ward J were appropriate and to consider the consequential orders to be made, including the costs of the appeal and the proceedings at first instance. The court also needed to give directions for the further conduct of the proceedings in the Equity Division.

The Court of Appeal allowed the appeal, setting aside the previous orders. The court reasoned that further determinations were necessary regarding claims for an occupation fee, allowances for improvements, contributions to mortgage payments, and other relevant amounts to formulate an order under s 66G of the Conveyancing Act 1919. The proceedings were remitted to the Equity Division for these determinations and for the making of an order under s 66G consistent with the Court of Appeal's reasons for judgment of 12 November 2010, as well as for the determination of costs and any other consequential orders. The respondent was ordered to pay the appellant's costs of the appeal and was granted a certificate under the Suitors' Fund Act 1951, if qualified.