Brown v Axam [2010] NSWSC 413

New South Wales Supreme Court

CITATION : Brown v Axam [2010] NSWSC 413

HEARING DATE(S) : 9 March 2010

JUDGMENT DATE : 12 March 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

1. That the defendant within twenty-eight (28) days of the date of lifting of the stay on this Order provided for in Order 5 below give a transfer in registerable form transferring all of his right title and interest in the property known as 1 Brentwood Grove, Werrington Downs NSW being the whole of the land in Folio Identifier 1036/259016 to the plaintiff but only on condition that the plaintiff first discharges the mortgage numbered AD60260 secured against the property referred to by Australia and New Zealand Banking Group Limited. 2. That as between the plaintiff and the defendant, and subject to the above Orders, the plaintiff and defendant shall each respectively retain all interest in and entitlement to: i All personal property no in his/her respective possession or control. ii All shares, debenture, units in unit trusts, bank, building society or credit union accounts standing in his/her sole name respectively. DECISION : iii All interests in life insurance policies and superannuation funds standing in his/her name respectively. 3. That in the event that the defendant fails or neglects to comply with Order 1 herein, that pursuant to Section 39 of the Act, the Registrar of the Court be appointed to execute the said transfer in lieu of the defendant and to do all acts and things necessary to give validity and operation to the said transfer. 4. These orders are stayed for a period of 28 days after the date on which the plaintiff provides proof by affidavit of her compliance with Order 5 below. 5. Direct that within 28 days the plaintiff serve a copy of this judgment both on the address of the defendant's employer and in the manner provided for in Order 4(a)(i) of the Court's previous order for substituted service of 19 January 2010 together with a letter drawing attention to these orders. 6. Grant liberty to apply. 7. These orders may be taken out forthwith.