Manns v Kennedy [2007] NSWCA 217

Reported Decision: (2007) DFC 95-406

New South Wales Court of Appeal

CITATION: Manns v Kennedy [2007] NSWCA 217

HEARING DATE(S): 25 June 2007

JUDGMENT DATE: 21 August 2007

JUDGMENT OF: Santow JA at 1; Campbell JA at 2; Bryson AJA at 154

DECISION: (1) Set aside the orders made in this matter on 11 October 2006.; (2) The Appellant do all such acts and things and sign all such documents as may be required to transfer to the Respondent all of his right, title and interest in the real property situate at and known as Lot 130, Burra Road, Gundagai being the whole of the land more particularly described in certificate of title folio identifier 130/751421.; (3) The Respondent refinance the mortgage registered number 2074086 to the State Bank of New South Wales into her sole name within 28 days from the date of these orders.; (4) The Appellant pay to the Respondent the sum of $250,734 within 28 days from the date of these orders.; (5) The payment by the Appellant to the Respondent pursuant to Order 4 shall include the amount payable by the company, Gundagai Bee Farms Pty Limited, to the Respondent and the payment of monies pursuant to Order 4 shall operate in discharge of all monies owing by the said company to the Respondent.; (6) The Respondent is declared the sole and beneficial owner of the contents and furniture of Lot 130, Burra Road, Gundagai.; (7) The Appellant procure that any mortgage over the said Lot 130, Burra Road Gundagai that secures borrowings made for the purpose of erecting improvements on Lot 472 Burra Road Gundagai or for the business of Gundagai Bee Farms Pty Ltd be discharged within 60 days from the date of these orders.; (8) Otherwise each party is to retain any property in their own name and their present existing superannuation entitlements.; (9) Exhibits to be returned.; 10. Liberty to apply.