Searle (Formerly Pencious) & Pencious And Anor

In the matter of Searle (Formerly Pencious) & Pencious And Anor, Benjamin J made orders concerning the financial and property settlement between the parties. The dispute involved the division of assets and liabilities, including a significant sum of money, a motor vehicle, and various other property and superannuation entitlements. The court also addressed the issue of indemnification for a specific debt.

The court was required to determine the final distribution of property and the allocation of financial responsibilities between the parties. This included deciding the quantum of a payment to be made by the wife to the husband, the transfer of a vehicle, and the extent to which each party would retain their existing property and superannuation. Furthermore, the court considered the implications of outstanding costs orders and the procedure for their resolution.

Benjamin J ordered the wife to pay the husband a sum of $346,720 within ninety days, and to transfer a Mercedes sedan to the wife. The husband was ordered to indemnify the wife against a Citibank Savings liability. Each party was to retain all other property and superannuation in their possession, with specific deeming provisions for bank accounts, insurance policies, and superannuation entitlements. The court also made provision for the wife to apply to deduct outstanding costs orders from the payment due to the husband, and for all other outstanding applications to be dismissed.