12 Nov 2012
BUTCHER V HAACK HC WHA CIV 2012-488-268
- Citation
- openlaw-2418f551_fe70_41e3_9395_498f1830b97d.pdf
- Court
- High Court
Appeal dismissed. The High Court upheld the Family Court's findings that (a) an oral agreement existed but was enforceable only in part under s21H because non‑compliance with s21F had not caused material prejudice to the appellant; and (b) an award of occupation rent under s18B was just. The appellate court fixed the occupation rent payable to the respondent at $13,262.50 and ordered interest at 7.5% p.a. from 24 November 2010; costs in the High Court were awarded to the respondent on a 2B basis with disbursements to be fixed by the Registrar; Family Court costs to lie where they fall.