Smith and Harbell

Justice Fowler considered an application concerning the enforcement of orders made on 18 March 2008. The dispute involved the quantum of the husband's liability and the appointment of a trustee to manage and realise the husband's interests in various companies and trusts to satisfy these obligations.

The court was required to determine the precise amount of the husband's liability under the previous orders, specifically in relation to Order 2, and to establish a mechanism for enforcing these obligations. This involved appointing a trustee with broad powers to manage the husband's shareholdings in M Investments Pty Limited, T Finance Pty Limited, and A Pty Limited, as well as his interests in certain trusts, and to apply the proceeds towards his debts.

Justice Fowler reasoned that to ensure compliance with the existing orders, it was necessary to appoint Mr SP as a trustee of the husband's shareholdings and entitlements in M Investments Pty Limited, T Finance Pty Limited, and A Pty Limited, and as a receiver and manager of the property of T Finance Pty Limited and A Pty Limited. The court granted Mr SP extensive powers, including the ability to exercise the husband's rights, to sell the assets, and to apply the proceeds to satisfy the husband's obligations, including costs. The court also imposed significant restraints on the husband's ability to alter the structure or assets of the companies and trusts, and to interfere with Mr SP's duties.

The court declared the husband's liability under Order 2 to be $324,097.31 as at 24 March 2009, plus any amount required to discharge a mortgage on the "C property". Mr SP was appointed as trustee and receiver with the powers outlined, and the husband was restrained from various actions that could prejudice the enforcement of the orders. The husband was ordered to pay the wife's costs, with Mr SP authorised to use realised proceeds for this purpose. The court also provided for the Registrar to execute documents if the husband failed to comply.