Stipic and Chesterfield

In the matter of *Stipic and Chesterfield*, heard before Macmillan J, the parties sought orders concerning the sale of various vehicles and equipment, the drawdown and payment of funds from a home loan account, and the payment of a sum of money to the respondent's solicitor. The dispute also involved the characterisation of these payments, which was to be determined by a Trial Judge, and the dismissal of outstanding applications.

The court was required to determine the terms of consent orders regarding the immediate sale of specified vehicles and equipment, with the net proceeds to be held on trust. Additionally, the court needed to make orders for the drawdown and payment of a specific sum from a home loan account to the respondent's solicitors, and for the respondent to pay a further sum to their solicitors. A key issue was the reservation of the characterisation of these financial transactions for a future trial.

Macmillan J made orders by consent for the sale of the vehicles and equipment, directing that the net proceeds, after costs and the discharge of any secured finance, be held in an interest-bearing account pending further order. The court also ordered the drawdown and payment of $30,472 from the home loan account to the respondent's solicitors by a specified date, and that the respondent pay $54,528 to their solicitors by the same date. Crucially, the characterisation of these payments was expressly reserved for the determination of the Trial Judge. The court further ordered that the husband's application and the wife's response be dismissed and removed from the list of cases awaiting hearing.