WULAN & GEMA

In the matter of Wulan & Gema, Stevenson J considered a property settlement and spousal maintenance application brought by the wife against the husband. The hearing proceeded undefended due to the husband's failure to appear, and the court noted a complete non-disclosure of the husband's financial position. The wife's future needs were found to significantly exceed those of the husband.

The court was required to determine the appropriate property division, including the disposition of the parties' former matrimonial home, and whether spousal maintenance was warranted. Additionally, the court considered the wife's entitlement to indemnity costs.

Stevenson J reasoned that given the husband's non-disclosure and failure to participate in the proceedings, the court was compelled to make orders based on the evidence presented by the wife. The court applied principles of family law concerning property division and spousal maintenance, taking into account the disparity in the parties' future needs. The court also considered the husband's capacity to pay maintenance and the wife's entitlement to costs on an indemnity basis due to the husband's conduct.

The court ordered that the husband was responsible for all mortgage payments and outgoings on the former matrimonial home until its discharge or a specified date, after which he was to transfer his unencumbered interest in the property to the wife. The wife was granted exclusive occupation pending the transfer and was entitled to lodge a caveat. The court further ordered that should the husband sell the property, the wife would receive the net proceeds. Spousal maintenance was ordered at $250.00 per week, and the husband was ordered to pay the wife's costs of $23,000.00.