SURRIDGE & SURRIDGE

This matter came before Foster J concerning the property settlement between the parties, Mr. and Mrs. Surridge. The dispute involved the division of various assets and liabilities, including company shares, loan accounts, real property, and personal belongings. The orders made by the court were by consent of both parties.

The court was required to determine the specific terms of the property settlement, including how certain company financial statements and tax returns should be amended, the declaration and franking of dividends, and the subsequent striking off of a company. Further issues included the transfer of interests in real property, the discharge of mortgages, the payment of a sum of money, and the transfer of interests in a unit trust and a trustee company. The court also needed to address the allocation of various personal assets and liabilities, including indemnities for specific debts and liabilities.

The court's reasoning was based on the consent of the parties, who had agreed to the detailed terms of the property settlement. The orders reflect a comprehensive division of assets and liabilities, with specific provisions for the amendment of financial records, the transfer of property, the payment of money, and the indemnification of each party from certain debts. The court applied principles of property settlement law by formalising the agreed-upon division of the parties' financial interests.

By consent, the court made detailed orders regarding the amendment of financial statements for B Pty Ltd, the declaration of dividends, and the striking off of the company. The husband was ordered to transfer his interest in a property at E Street, Suburb F, New South Wales, to the wife, who was to procure the discharge of existing mortgages. The husband was also ordered to pay the wife $129,683, and concurrently, the wife was to transfer her interest in the Surridge Unit Trust and her shareholding in D Pty Ltd to the husband. The parties were to indemnify each other from various liabilities, and specific personal assets were allocated to each party. Liberty to apply was granted for implementation or enforcement, and any application for costs was to be filed within one month.