Weller and Weller

This matter concerned an application before Justice Le Poer Trench concerning property settlement between a husband and wife. The dispute involved the division of assets, including the former matrimonial home, a legacy, and proceeds from litigation. A significant issue was the husband's alleged failure to make full and frank disclosure of his financial circumstances and potential assets.

The court was required to determine the appropriate division of property, considering the factors outlined in section 75(2) of the relevant Act. Specifically, the court had to assess the impact of the husband's non-disclosure and potential dissipation of assets on the property settlement. Furthermore, the court needed to decide whether the husband should be permitted to attempt a settlement of ongoing Supreme Court proceedings on behalf of both parties, and if so, the extent to which he could utilise funds held by the court for that purpose.

Justice Le Poer Trench accepted the wife's submissions that the husband had not made full and frank disclosure regarding several potential assets, including an inheritance, the sale of a unit, discontinued litigation, potential claims against a company, and ownership of car spaces through a proprietary company. While accepting the husband's assertion that this non-disclosure stemmed from ignorance rather than wilful intent, the court found that the undisclosed assets were of substance. Consequently, the court agreed with the Judicial Registrar's conclusion that the wife should receive the lion's share of the visible assets, and that any remaining funds from the Supreme Court action with the liquidator of C Company should be the wife's property.

The court ordered that the deed of charge between the husband and Sagacious Legal be set aside insofar as it affected the parties' interests. The husband was to transfer his interest in the net proceeds of sale of the former matrimonial home to the wife. The husband was granted 28 days to reach a settlement with the liquidator of C Company, on behalf of both parties, for the Supreme Court proceedings, with a limit of $350,000 from the court fund for this purpose. Upon settlement, the husband was appointed trustee to sign settlement documents. The husband was to have a reasonable period to conclude these proceedings, with the wife having liberty to apply for further orders if settlement was not achieved within six weeks of written agreement. The court declared the husband solely entitled to the remainder of his legacy and that each party was the beneficial owner of all other property in their possession. Provisions were also made for a Registrar to execute documents in the event of a party's default.