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Hoddell v Hoddell Pty Ltd

Hoddell v Hoddell Pty Ltd

Case [1999] WASC 156 3 September 1999

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HODDELL -v- HODDELL PTY LTD & ORS [1999] WASC 156

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASC 156
Case No:	CIV:1436/1999	Heard:	26 AUGUST 1999
Coram:	MURRAY J	Delivered:	3/09/99
No of pages:	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

CITATION : HODDELL -v- HODDELL PTY LTD & ORS [1999] WASC 156 CORAM : MURRAY J HEARD : 26 AUGUST 1999 DELIVERED : 3 SEPTEMBER 1999 FILE NO/S : CIV 1436 of 1999 BETWEEN : LINDA DIANE HODDELL

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…

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 Hoddell v Hoddell Pty Ltd

Details

AGLC: Hoddell v Hoddell Pty Ltd [1999] WASC 156
Case: [1999] WASC 156
Decision Date

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.

Orders