TAGLIERI & URBANO

In the matter of TAGLIERI & URBANO, Johns J considered orders relating to a property settlement between a husband and wife. The dispute concerned the wife's intention to purchase a property at 1 B Street, Suburb C, and the husband's potential interference with this transaction, as well as the discharge of a mortgage on another property at 2 B Street, Suburb C.

The court was required to determine the terms under which the wife could purchase the property at 1 B Street, Suburb C, including the source and distribution of funds for the deposit and settlement. It also needed to address the husband's right to lodge a caveat against the property once transferred to the wife and to restrain the husband from interfering with the sale and purchase process. Furthermore, the court had to make orders regarding the application of funds to discharge the mortgage debt on the property at 2 B Street, Suburb C.

Johns J ordered that if the wife contracted to purchase the property at 1 B Street, Suburb C, she was to receive $1,600,000 from monies held in trust for partial property settlement. This sum was to cover her deposit, the settlement amount, and any residue. The husband was restrained from interfering with the sale and purchase of this property and was to be permitted to lodge a caveat against it after the transfer to the wife. By consent, up to $800,000 from the trust monies was to be applied to discharge the mortgage on 2 B Street, Suburb C. The wife was ordered to notify the husband's solicitor in writing upon contracting to purchase the property. Existing orders from 9 May 2013 were to remain in full force.