Silve and Pardo (No 2)

Case

[2010] FamCA 940

15 October 2010


Details
AGLC Case Decision Date
Silve and Pardo (No 2) [2010] FamCA 940 [2010] FamCA 940 15 October 2010

CaseChat Overview and Summary

In *Silve and Pardo (No 2)*, the wife applied for a stay of orders made by Justice Cohen. The dispute concerned the sale of a property and the wife's obligations in relation to vacating the property.

The court was required to determine whether to grant the wife's application for a stay of the existing orders. This involved considering the wife's compliance with previous directions and the husband's proposed course of action regarding the sale of the property.

Justice Cohen dismissed the wife's application for a stay. The court made orders empowering the husband to execute a contract for the sale of the property on behalf of both parties if the wife failed to do so by a specified time, with a minimum sale price of $1,600,000. The wife was also ordered to vacate the property within 14 days prior to the completion of any sale, with provision for a writ of possession to be issued if she failed to comply. Further orders addressed the release of the deposit to the parties as an interim property settlement, and costs were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

  • Property Law

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Remedies

  • Stay of Proceedings

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