The appellant husband appealed a trial decision finding that he and his wife owed a valid debt of $220,000 to the wife's brother under a promissory note.
The Court of Appeal allowed the appeal, finding that the documentary evidence demonstrated the funds were a gift to the wife, not a true loan, and dismissed the brother's action.
The Court also dismissed the wife's cross-appeal, finding that prior written instructions did not constitute a valid domestic contract to exclude the funds from net family property, and that an equal division of net family properties was not unconscionable under s. 5(6) of the Family Law Act.
The Court ordered the husband to pay an equalization payment and directed the buyout or sale of the matrimonial home.
