HODDELL -v- HODDELL PTY LTD & ORS [1999] WASC 156
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASC 156 | |
| Case No: | CIV:1436/1999 | 26 AUGUST 1999 | |
| Coram: | MURRAY J | 3/09/99 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| PDF Version |
| Parties: | LINDA DIANE HODDELL HODDELL PTY LTD JANET SHIRLEY HODDELL ERNEST DAVID HODDELL ERNEST DAVID HODDELL (JNR) |
Catchwords: | Jurisdiction Cross-vesting Action in Supreme Court by wife for declaration of constructive trust as to an interest in part of property owned by family company of her parents in law Proceedings also instituted by wife against husband in State Family Court Whether action in Supreme Court is related to proceedings in Family Court Whether it is in the interests of justice that the Supreme Court action be transferred to the Family Court |
Legislation: | Jurisdiction of Courts (Cross-vesting) Act 1987 (WA) s 5(4) |
Case References: | Bank Invest AG v Seabrook (1988) 14 NSWLR 711 Bond Brewing Holdings Ltd v Crawford (1989) 1 WAR 517 Carey v Carey, unreported; SCt of WA; Franklyn J; Library No 8307; 14 June 1990 Chapman v Jansen (1990) 100 FLR 66 Dawson v Baker (1994) 120 ACTR 11 Fox Enterprises Pty Ltd v Fox (1995) 13 ACLC 573 Leithead v Leithead (1991) 15 Fam LR 56 M v Bellitto, unreported; Wallwork J; SCt of WA; Library No 960232; 30 April 1996 Miller v Miller, unreported; Heenan J; SCt of WA; Library No 980340; 19 June 1998 Mullins Investments Pty Ltd v Elliott Exploration Co Pty Ltd (1990) 1 WAR 531 Platz v Lambert (1994) 12 WAR 319 Re Hamilton-Irvine & Companies Act 1985 (1990) 94 ALR 428 Stanley v Stanley Exploration Services Pty Ltd, unreported; Miller J; SCt of WA; Library No 980709; 14 December 1998 Woodard v H & J Nominees Pty Ltd (1993) 17 Fam LR 327 Dougherty and Dougherty v Dougherty (1987) FLC 91-823 Fulton v Hegyi (1993) FLC 92-389 Hallawi v Australian Guarantee Corporation Ltd (1989) FLC 92-045 Harrison v Trewhella (1994) 13 WAR 394 Kenda v Johnson (1992) 15 Fam LR 369 Marriage of Canik (1995) FLC 92-589 Marriage of Kozma (1993) FLC 92-337 MJH Pty Ltd v Hannes (1990) FLC 92-140 Staples v McCall (19898) FLC 92-039 Super v Super (1989) FLC 92-048 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
HODDELL PTY LTD
First Defendant
JANET SHIRLEY HODDELL
ERNEST DAVID HODDELL
Second Defendants
ERNEST DAVID HODDELL (JNR)
Third Defendant
Catchwords:
Jurisdiction - Cross-vesting - Action in Supreme Court by wife for declaration of constructive trust as to an interest in part of property owned by family company of her parents in law - Proceedings also instituted by wife against husband in State Family Court - Whether action in Supreme Court is related to…
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- AGLC
- Hoddell v Hoddell Pty Ltd [1999] WASC 156
- Case
- [1999] WASC 156
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CaseChat Overview and Summary
The case of Hoddell v Hoddell Pty Ltd [1999] WASC 156 involved Linda Diane Hoddell seeking a declaration of constructive trust over an interest in property owned by her in-laws' family company. Simultaneously, she had initiated proceedings in the State Family Court against her husband, Ernest David Hoddell. The legal issue before the court was whether the action in the Supreme Court should be transferred to the Family Court. The court found that while the proceedings were related, it was not more appropriate that they be determined by the Family Court. Furthermore, it was not in the interests of justice for the proceedings to be transferred. The court considered the balance of convenience to the parties and concluded that transferring the case would not provide a significant advantage to the plaintiff while potentially prejudicing the defendants. Consequently, the application for transfer was dismissed.
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