The applicant father sought to set aside a domestic contract resolving child support and parenting issues, arguing the respondent mother repudiated the agreement through multiple breaches, including interfering with access and violating confidentiality provisions.
The corporate applicant, controlled by the father, also sought to enforce a mortgage on the mother's home.
The court found that while the mother breached certain access and confidentiality terms, her conduct did not amount to a repudiation or fundamental breach of the agreement as a whole.
The court also dismissed the mortgage enforcement action, finding the mother was not in default and was entitled to exercise her option under the agreement to redeem the mortgage.
The applications to set aside the agreement and enforce the mortgage were dismissed.
