Starkey and Starkey and Anor (No. 2)

This matter concerned the division of property between a husband and wife, heard by Murphy J. The dispute involved numerous properties, a partnership business, and a company business, with the court tasked with determining how these assets and associated liabilities should be distributed between the parties.

The court was required to make orders regarding the transfer of various real estate properties, including units and houses, between the husband and wife. Further, the court needed to address the disposition of a partnership business, "Starkey & Starkey," and a company business, "Starkey Company," including its contracts, land, equipment, and goodwill. The court also had to determine the financial adjustments and indemnities required in relation to these property transfers and the dissolution of the partnership, as well as the allocation of costs.

Murphy J ordered a significant redistribution of assets. The wife was to transfer her interests in several properties to the husband, who would indemnify her for liabilities and receive accruing rentals. Conversely, the husband was to transfer his interests in other properties and a partnership business to the wife, who would indemnify him for liabilities and receive accruing rentals and income. The partnership "Starkey & Starkey" was to be dissolved, with remaining assets to be divided equally after an account was taken, overseen by appointed referees in case of dispute. The company business "Starkey Company" was vested in the wife, with specific provisions for registration. A substantial sum was to be paid by the wife to the husband contemporaneously with certain transfers. The court also made orders regarding the discharge of a mortgage, the dismissal of certain claims and applications, and each party bearing their own costs.