PROCTOR v HAEMMERLE [2006] NSWDC 108

New South Wales District Court

CITATION: PROCTOR v HAEMMERLE [2006] NSWDC 108

HEARING DATE(S): 2, 3 and 7 November 2006 EX TEMPORE JUDGMENT DATE : 11/09/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Declaration pursuant to ss 5, 17, 20, 44 and 47 of the Property (Relationships) Act 1984 that the deed dated 17 December 2002 between the parties does not preclude adjustment of their property interests; 2. Ms Haemmerle is to transfer her interest in the property at Whiskey Creek Road, Dorrigo to Mr Proctor within 28 days of the date of this judgment and in default thereof the Registrar of the District Court is empowered to execute all relevant documents to effect such transfer in her stead; 3. Upon completion of the transfer, Mr Proctor is to pay to Ms Haemmerle the sum of $40,000 by way of final property settlement; 4. Further, or in the alternative, the property is to be listed for sale forthwith with an agreed real estate agent for a price as determined by the real estate agent. The proceeds of sale are to be divided as follows; (1) Payment of all advertising and real estate and legal fees associated with the sale (2) The balance of the proceeds to be divided as to $40,000 to Ms Haemmerle and as to the balance to Mr Proctor; 5. The parties are declared to have the sole right and interest in (1) Any chattels, goods, furnishings, motor vehicles and other property with are, at the date hereof, in their possession respectively (2) Any monies or superannuation in their sole name respectively at the date hereof; 6. The parties are to do all acts and things and give all consents and execute all documents and writing necessary to give effect to the orders which I have made; 7. In the event that either party refuses to execute any deed or instrument, the Registrar of the Court is appointed pursuant to s 39 to execute such deed or instrument in the name of such party and to do all acts or things necessary to give validity to the operation of the deed or instrument; 8. Ms Haemmerle is to pay Mr Proctor's costs of the proceedings. I decline to make an order in respect of indemnity costs; 9. Exhibits to be retained for 28 days; 10. I make no special orders in respect of the materials supplied under subpoenae as Ms Haemmerle has copies of the materials produced