Wei and Wei & Anor

This appeal concerns a dispute over property between Wei and Wei and another party. The case was heard in the Family Court of Australia, and the decision is being reviewed in the Full Court of the Family Court of Australia. The court had to decide several legal issues, including whether the primary judge correctly handled the property pools, trust monies, and affidavit evidence. The court also had to consider whether the primary judge made any factual errors and if the slip rule could be used to correct these errors.

The Full Court found that the primary judge made several errors in handling the property pools, trust monies, and affidavit evidence. The court determined that the primary judge overlooked updated affidavit evidence, improperly excluded other affidavit evidence, and made factual errors that were not supported by the evidence. The Full Court concluded that the slip rule could not be used to correct these errors, and the orders made in reliance on the slip rule had to be set aside. The Full Court also found that the primary judge's orders reflected a patent factual error.

As a result of these findings, the Full Court allowed all three appeals and set aside the primary judge's orders. The court remitted the proceeding for re-hearing before a different Family Court judge. The Full Court also ordered costs certificates for the appellant, intervenor, and both parties for the rehearing. The intervenor was ordered to pay the appellant's costs for two of the appeals, fixed at a sum of $19,977.41. The appellant's other applications for costs were dismissed.

The court's orders are subject to being entered in the Court's records.