In an uncontested family hearing after the respondent's pleadings were struck except for the divorce claim, the court addressed equalization, occupation rent, and divorce.
The applicant established that the respondent remained in the matrimonial home after separation, refused to facilitate its sale, failed to comply with disclosure and other court orders, and made no equalization claim.
The court accepted that the applicant had potential entitlement to occupation rent and prior costs, but on the applicant's proposal deemed the parties' net family property equalized with no payment by either side.
The application was amended to include divorce, a divorce was granted, and no further costs were ordered.