Haley v Perkins [2010] NSWSC 1091

New South Wales Supreme Court

CITATION : Haley v Perkins [2010] NSWSC 1091

HEARING DATE(S) : 17 September 2010

JUDGMENT DATE : 1 October 2010

JUDGMENT OF : Hallen AsJ

I order that: (a) Within 14 days of this date, the Plaintiff, by her solicitor: (i) shall serve a copy of this Judgment, together with a letter drawing attention to these orders upon the Defendant; (ii) shall advise the Defendant, in writing, that she will provide a transfer, in registrable form, transferring all of her right, title and interest, in the property known as "Bimbimbie" to the Defendant, upon condition that the Defendant, simultaneously, pays to her $50,000; (b) Within 14 days of the date of the letter advising that the Plaintiff is ready, willing and able, to provide the transfer, the Defendant shall advise the Plaintiff, by her solicitors, in writing, whether he is ready, willing and able, to pay to her, the amount of $50,000; DECISION : (c) Within 14 days of the date of the Defendant's letter, or within such other time as the parties agree in writing, the parties shall cause the transfer in registrable form to be delivered by the Plaintiff to the Defendant simultaneously with the payment by him to her of the amount of $50,000. (d) As between the Plaintiff and the Defendant, and subject to the above orders, each shall retain all right, title, and interest in and entitlement to, personal and other property in her and his, respective possession or control; (e) In the event that the Defendant, fails, or neglects, to comply with orders (b) or (c) hereof, the matter may be re-listed for the making of orders for the appointment of trustees for sale of the property, and consequential orders; (f) Either party is to have liberty to apply in respect to the implementation of these orders. (g) The Defendant's cross-claim otherwise be dismissed. (h) These orders shall be entered forthwith. (i) The Defendant should pay the Plaintiff's costs, such costs to be calculated on the ordinary basis, of the proceedings.