Sresbodan and Sresbodan and Ors

Case

[2012] FamCA 542

17 July 2012


Details
AGLC Case Decision Date
SRESBODAN & SRESBODAN AND ORS [2012] FamCA 542 [2012] FamCA 542 17 July 2012

CaseChat Overview and Summary

In the matter of *Sresbodan and Sresbodan and Ors*, Fowler J of the Supreme Court of New South Wales was required to determine the appropriate orders concerning monies held in a controlled monies account. The dispute involved the parties to the proceedings, identified as the husband and wife, and concerned the distribution of funds held by solicitors, Adrian Twigg and Co.

The central legal issue before the Court was how to categorise and distribute a specific sum of $700,000 held in the controlled monies account. This determination was to be made by a trial judge, indicating that the immediate decision by Fowler J was to facilitate the transfer of these funds pending further adjudication.

Fowler J ordered that the parties were to take all necessary steps to ensure the payment of $700,000 from the controlled monies account to the wife. The Court stipulated that the ultimate classification of this sum, whether as capital, income, or otherwise, would be a matter for the trial judge to resolve at a later stage of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Costs

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