Thien and Thien and Ors

In *Thien and Thien and Ors*, Bell J of the Supreme Court of Victoria was required to make orders concerning the division of property and the discharge of a mortgage. The dispute involved an applicant husband, a respondent wife, and second respondents, who were presumably third parties with an interest in the property. The core of the disagreement revolved around the sale of a property and the distribution of its proceeds, as well as the allocation of other assets and liabilities between the husband and wife.

The court was tasked with determining the steps necessary for the discharge of a mortgage registered over the property, the subsequent listing and sale of that property, and the precise manner in which the proceeds of sale were to be distributed. Further issues included the declaration of caveatable interests to secure payments, the entitlement of each party to personalty, superannuation, and other property held in their respective names, and the indemnification of the respondent wife by the applicant husband concerning liabilities to the second respondents.

Bell J ordered that the second respondents must arrange for the discharge of the Commonwealth Bank mortgage over the property within 42 days. Following this, the respondent wife and the second respondents were to list the property for sale, with the sale price to be agreed between the husband and wife or nominated by the real estate agent. Upon sale, the proceeds were to be applied first to selling expenses and legal costs, then to the second respondents for the sum of $69,757.00, followed by 75% of the remaining balance to the respondent wife, and the final balance to the applicant husband. The court also declared that the applicant husband and the second respondents had a caveatable interest in the property to secure the wife's payment obligations, and that each party was solely entitled to property held in their own name, with the applicant husband indemnifying the respondent wife against further liabilities to the second respondents.