Selim and Selim (No. 2)

This matter came before Johnston J concerning property settlement orders between the parties, Mr. Selim and Mrs. Selim. The dispute centred on the division of a jointly owned property and the associated financial obligations.

The court was required to determine the terms of the property transfer, including the timeframe for compliance, the payment of a capital sum by the wife to the husband, the discharge of a mortgage, and the allocation of responsibility for outstanding rates and costs associated with the transfer and mortgage discharge. Furthermore, the court needed to establish a mechanism for the sale of the property and the distribution of proceeds in the event of non-compliance with the primary orders.

Johnston J ordered that the husband transfer his interest in the jointly owned property to the wife within 56 days, conditional upon the wife discharging the existing mortgage and paying the husband a capital sum of $355,902. The parties were to share outstanding rates on the property in specified proportions, and costs related to the mortgage discharge and property transfer, excluding solicitor fees, were to be borne equally. In the event of the wife's failure to comply, the property was to be listed for sale, with proceeds to be applied first to the mortgage, then sale costs, and the balance distributed between the parties in specified percentages. The orders also declared each party the sole owner of assets in their respective names and appointed the registrar to execute documents if a party refused to do so.