Truang and Ping
Case
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[2019] FamCA 778
•13 August 2019
Details
AGLC
Case
Decision Date
Truang and Ping [2019] FamCA 778
[2019] FamCA 778
13 August 2019
CaseChat Overview and Summary
The Applicant wife sought leave to make an oral application concerning the enforcement of orders made on 3 March 2016, before Foster J. The dispute concerned the disposition of a 4WD vehicle.
The court was required to determine whether to grant the wife leave to apply for enforcement orders and, if so, to fashion appropriate orders for the sale of the vehicle and the distribution of its proceeds.
Foster J granted leave to the wife and appointed her as trustee for sale of the specified 4WD vehicle. The wife was directed to sell the vehicle for the best reasonably obtainable price, with the vehicle vesting in her for this purpose. Upon sale, the proceeds were to be deposited into an interest-bearing bank account in her name, pending the assessment of costs ordered on 29 July 2016. Following the assessment, the wife was at liberty to use the sale proceeds to satisfy her costs, and any surplus was to be accounted for to the husband.
The court was required to determine whether to grant the wife leave to apply for enforcement orders and, if so, to fashion appropriate orders for the sale of the vehicle and the distribution of its proceeds.
Foster J granted leave to the wife and appointed her as trustee for sale of the specified 4WD vehicle. The wife was directed to sell the vehicle for the best reasonably obtainable price, with the vehicle vesting in her for this purpose. Upon sale, the proceeds were to be deposited into an interest-bearing bank account in her name, pending the assessment of costs ordered on 29 July 2016. Following the assessment, the wife was at liberty to use the sale proceeds to satisfy her costs, and any surplus was to be accounted for to the husband.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Civil Procedure
Legal Concepts
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Remedies
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Costs
Actions
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Citations
Truang and Ping [2019] FamCA 778
Cases Citing This Decision
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Statutory Material Cited
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