The parties separated and the central issue was the equalization of their jointly-owned physiotherapy clinic.
The application judge valued the business by averaging two competing expert figures and ordered the appellant to buy out the respondent's share.
The Court of Appeal allowed the appeal, holding that under the Family Law Act, a judge cannot order a buyout of jointly-owned property without consent; the property must be sold.
The court also found the valuation method flawed and ordered the business listed for sale at the respondent's expert's valuation figure, with an accounting to follow.
