Yusuf & Yusuf (No. 2)

[2021] FamCA 513

FAMILY COURT OF AUSTRALIA

Yusuf & Yusuf (No. 2) [2021] FamCA 513  

File number(s):

PAC 3522 of 2017

Judgment of:

FOSTER J

Date of judgment:

16 July 2021

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – APPLICATION FOR STAY – where application made by the husband for stay of final property orders pending appeal – where consideration of applicable principles – where stay granted on condition of payment of $50,000.  

Legislation:

Family Law Rules 2004 (Cth) r 22.11

Cases cited:

Yusuf & Yusuf [2021] FamCA 116
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685
Fauna Holding Pty Ltd and Ors & Mitchell [2000] FamCA 548; (2000) FLC 93-024
Jackson & Balen [2009] FamCAFC 131

Re Middle Harbour Investments Ltd (in Liq) (unreported, Court of Appeal (NSW), 15 December 1976)  

Number of paragraphs:

22

Date of last submission/s:

9 July 2021

Date of hearing:

24 June 2021

Place:

Parramatta

Solicitor for the Applicant:

Mr Malouf of Malouf solicitors

Solicitor for the First Respondent:

Mr Chidiac of Sanford Legal

Solicitor for the Second Respondent:

There was no appearance by or for the Second Respondent

ORDERS

PAC 3522 of 2017

BETWEEN:

MR YUSUF

Applicant

AND:

MS YUSUF

First Respondent

MR NOOR

Second Respondent

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	16 JULY 2021

THE COURT ORDERS THAT:

1.Orders made on 12 March 2021 be stayed pending determination of the husband’s Notice of Appeal to the Full Court on condition that the husband cause to be paid to the wife or as she may otherwise direct the sum of $50,000.00 within two months from this date.

2.Liberty to apply as to enforcement of the primary orders of 12 March 2021 in the event of the husband failing to comply with Order 1.

3.That costs of this application for stay be reserved pending determination of the Appeal.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Yusuf & Yusuf has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

FOSTER J:

1. On 12 March 2021, Reasons for judgment were delivered and final orders made as to property adjustment in this matter: Yusuf & Yusuf [2021] FamCA 116. The orders were as follows:

   1.The husband and wife do all things necessary and sign all necessary documents to forthwith sell the real estate property situate at 1 & 2 B Street, Suburb C being the whole of the land comprised in folio identifier ... by public auction within three months from this date at a reserve price of $1.3 million and that upon sale after…