H v D

Case [2012] WASC 291 16 August 2012

No judgment structure available for this case.

Type to search within this case.

H -v- D [2012] WASC 291

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASC 291
Case No:	CIV:1250/2012	Heard:	6 AUGUST 2012
Coram:	PRITCHARD J	Delivered:	16/08/12
No of pages:	17	Judgment Part:	1 of 1
Result:	Application granted
Category:	B
PDF Version

Parties:	H D
Catchwords:	Jurisdiction of Courts (Cross-vesting) Act 1987 (WA), s 5(4) Whether a proceeding is a related proceeding Whether ordering a transfer would be in the interests of justice Turns on own facts
Legislation:	Property Law Act 1964 (WA) Jurisdiction of Courts (Cross-vesting) Act 1987 (WA) Family Court Act 1997 (WA) Interpretation Act 1984 (WA) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)
Case References:	Anderson v McPherson [2009] WASC 35 Armstrong v Armstrong [2004] WASC 121 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Benlair Pty Ltd v Terrigal Grosvenor Lodge Pty Ltd [2006] NSWSC 339 BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Bray v Bray (1926) 38 CLR 542 Carey v Carey (Unreported, SCt of WA, Lib No. 8307, 14 June 1990 (Franklyn J)) Dawson v Baker (1994) 120 ACTR 11 Fell v John Fell [2007] WASC 157 H v P [2011] WASCA 78 Hoddell v Hoddell Pty Ltd [1999] WASC 156 Leithead v Leithead (1991) 109 FLR 177 Martin-Smith v Woodhead [1990] WAR 62 Nullagine Investments Pty Ltd v Western Australian Club Inc (1992) 177 CLR 635 Paris King Investments Pty Ltd v Rayhill [2006] NSWSC 578 Re Hamilton-Irvine and the Companies Act 1985 (1990) 94 ALR 428 Seymour v Devine and Ors [2003] WASC 260 Valceski v Valceski [2007] NSWSC 440

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : H -v- D [2012] WASC 291 CORAM : PRITCHARD J HEARD : 6 AUGUST 2012 DELIVERED : 16 AUGUST 2012 FILE NO/S : CIV 1250 of 2012 BETWEEN : H

Plaintiff

AND

Defendant

Catchwords:

Jurisdiction of Courts (Cross-vesting) Act 1987 (WA), s 5(4) - Whether a proceeding is a related proceeding - Whether ordering a transfer would be in the interests of justice - Turns on own facts

Legislation:

Property Law Act 1964 (WA)

Jurisdiction of Courts (Cross-vesting) Act 1987 (WA)
Family Court Act 1997 (WA)
Interpretation Act 1984 (WA)
Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)

Result:

Application granted

(Page 2)

Category: B

Representation:

Counsel:

Plaintiff : Mr W Vogt

Defendant : In person

Solicitors:

Plaintiff : Vogt Graham Lawyers

Defendant : In person

Case(s) referred to in judgment(s):

Anderson v McPherson [2009] WASC 35
Armstrong v Armstrong [2004] WASC 121
Bankinvest AG v Seabrook (1988) 14 NSWLR 711
Benlair Pty Ltd v Terrigal Grosvenor Lodge Pty Ltd [2006] NSWSC 339
BHP Billiton Ltd v Schultz (2004) 221 CLR 400
Bray v Bray (1926) 38 CLR 542
Carey v Carey (Unreported, SCt of WA, Lib No. 8307, 14 June 1990 (Franklyn J))
Dawson v Baker (1994) 120 ACTR 11
Fell v John Fell [2007] WASC 157
H v P [2011] WASCA 78
Hoddell v Hoddell Pty Ltd [1999] WASC 156
Leithead v Leithead (1991)

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading H v D

Details

AGLC: H v D [2012] WASC 291
Case: [2012] WASC 291
Decision Date

CaseChat Overview and Summary

H, the husband, and D, the wife, were married in 1995 and divorced in 2004. They had two children and D had another child from another relationship. The children live with D at a property, the Waikiki Property. The parties resumed their relationship in May 2007 and purchased the Property together. The relationship broke down and they separated in March 2008. The relationship resumed in July 2011 and broke down again in approximately January 2012. H commenced proceedings in the Supreme Court of Western Australia seeking an order for the sale of the Property. D applied for the Supreme Court proceeding to be transferred to the Family Court of Western Australia. D's application was based on s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (WA). The court held that the Supreme Court proceeding was related to the Family Court proceeding and that it was more appropriate and in the interests of justice that the Supreme Court proceeding be determined by the Family Court. The Supreme Court proceeding was transferred to the Family Court.

Orders