Westway and Westway

In the matter of Westway and Westway, Young J of the Family Court of Australia made orders by consent and not by consent concerning the sale of two properties, M and C, and the distribution of sale proceeds. The dispute involved the division of assets between the parties, specifically two properties, and the associated financial obligations.

The court was required to determine the terms of sale for both the M property and the C property, including reserve prices and the process for sale. Furthermore, the court needed to establish the order of priority for the application of sale proceeds from the M property, specifically addressing the discharge of mortgages and encumbrances. The court also had to determine the disposition of rental income from the C property and the subsequent distribution of its net sale balance. Finally, the court was asked to consider the costs of enforcement proceedings.

The orders made by consent addressed the sale of the M property, requiring the husband to sign all necessary documents for its sale at a reserve price of $350,000 or as otherwise agreed. The proceeds were to be applied first to sale costs, then to discharge existing mortgages on the M property, and finally to contribute towards the mortgage on the C property. The C property was to be sold by the wife, with rental income to be paid to her and then forwarded to the mortgagee. The net balance from the C property sale was to be paid to the husband after sale costs and mortgage payments. Both parties were ordered to keep each other informed of sale progress. The wife's application was dismissed, and proceedings were removed from the docket.

By not by consent, the husband was ordered to pay the wife's costs of and incidental to the enforcement proceedings in the sum of $5,000, with payment stayed for ninety days and interest to accrue from 6 November 2008. All subpoenaed documents were to be returned to their originators.