Zhang & Ling

These proceedings involved a dispute between a husband and wife concerning property division. The court was required to make orders regarding the payment of a sum of money, the return of jewellery, and the sale of the former matrimonial home. The court also made orders concerning the ownership of various assets and the execution of necessary documents.

The primary legal issues before the court were the determination of the financial contributions made by each party to a restaurant business, the credibility of the wife's evidence regarding these contributions, and the appropriate division of property, including the former matrimonial home. The court also had to consider the implications of informal financial dealings and the lack of comprehensive written records.

The court's reasoning focused on the credibility of the witnesses, particularly the wife, whose evidence was found to be damaged by her repudiation of statements made in her affidavit. The court noted the discrepancy between her affidavit, which stated that $30,000 was drawn on a mortgage for start-up capital, and her oral evidence, where she claimed the start-up costs were between $45,000 and $50,000 and financed by the sale of a written-off vehicle. The court found her explanation for the contradiction unconvincing.

The court ordered the husband to pay the wife $7,000 within three months and to return any of her jewellery in his possession. If the husband failed to pay the $7,000, the former matrimonial home was to be sold, with the wife authorised to conduct the sale. The proceeds were to be disbursed in a specific order, including payment of sale costs, legal fees, the outstanding mortgagee, and then the $7,000 to the wife with interest. The balance was to be paid to the husband. The court also declared each party the sole legal and beneficial owner of assets in their respective possession, with provisions for the Registrar to execute documents if the husband failed to comply. The operation of the orders was stayed until a specified date.