Silve and Pardo (No 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
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Property Law
Legal Concepts
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Consent
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Costs
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Injunction
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Remedies
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Stay of Proceedings
Actions
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Citations
Silve and Pardo (No 2) [2010] FamCA 940
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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