Tian & Larson & Ors

Case

[2009] FamCA 1307

23 December 2009


Details
AGLC Case Decision Date
Tian & Larson [2009] FamCA 1307 [2009] FamCA 1307 23 December 2009

CaseChat Overview and Summary

This matter concerned orders made by Le Poer Trench J in proceedings between Tian and Larson, and others. The dispute involved the division of property and the satisfaction of debts following the sale of certain assets, including a property referred to as the "C property" and a regional New South Wales property.

The court was required to determine the appropriate distribution of the proceeds from the sale of the C property and the regional New South Wales property, as well as the allocation of accumulated interest on those proceeds. Further issues included the ownership of interests in specific companies, namely Larson Pty Limited and SE Pty Limited, and the respective indemnities to be provided by each party concerning claims arising from those companies and work performed on the C property. The court also needed to address the division of superannuation entitlements and the dismissal of any outstanding applications not covered by the specific orders.

The court ordered the payment of $90,000 from the C property sale proceeds to satisfy the wife's debt to Meyer Pigdon Family Lawyers. A further $297,660 was to be paid to the wife from the C property sale, and $31,820 was to be paid to the husband from the proceeds of both the C property and the regional New South Wales property. Accumulated interest on the balance of the C property sale proceeds was to be divided 65% to the wife and 35% to the husband. The balance of funds from the regional land sale was to be paid to the husband. The wife was to retain all interests in Larson Pty Limited, indemnifying the husband against prior claims, while the husband was to retain all interests in SE Pty Limited, indemnifying the wife against prior claims. The wife was also ordered to indemnify the husband against claims from the tiler and P & Sons Pty. Ltd. regarding work on the C property. Each party was to retain other assets in their sole names and was declared the absolute owner of their respective superannuation entitlements. All other outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Fiduciary Duty

  • Injunction

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