LL Pty Limited and Dawson and Ors - [2015] FamCA 709

FAMILY COURT OF AUSTRALIA

LL PTY LIMITED & DAWSON AND ORS

[2015] FamCA 709

FAMILY LAW – INTERIM – JURISDICTION – CROSS-VESTING – Whether proceedings should be transferred to Supreme Court of New South Wales – Where the parties are engaged in several pieces of litigation in different courts – Whether transfer “in the interests of justice” – Consideration of s 5(4) of the Jurisdiction of Courts (Cross-vesting Act) 1987 - Where a judge of the Supreme Court refused an application to have related proceedings transferred to this Court – Where it is found that those proceedings involve a similar substratum of facts as an important issue in the family law proceedings – Where it is found to be in the interests of justice for the matter to be transferred to the Supreme Court.

Jurisdiction of Courts (Cross-vesting) Act 1987 ss 5(4)
Family Law Act 1975 (Cth) ss 106B

Bankinvest AG v Seabrook (1988) 14 NSWLR 711
BHP Billiton Ltd v Schultz [2004] 221 CLR 400
Bourke v State Bank of New South Wales (1988) 85 ALR 61
Casey and Braione-Howard and DRFDB Authority (2005) FLC 93-219
Champan v Hansen (1990) FLC 92-139

LL Pty Limited v Dawson …
Valceski v Valceski [2007] NSWSC 440

APPLICANT:

LL Pty Ltd

1^ST RESPONDENT:

Ms Dawson (deceased)

Ms Simpson

as Personal Legal Representative

2^ND RESPONDENT:

Mr Worth

3^RD RESPONDENT:

Mr Dawson

FILE NUMBER:

SYC

4098

2014

DATE DELIVERED:

27 August 2015

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Loughnan J

HEARING DATE:

18 August 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Cordato Partners

COUNSEL FOR THE APPLICANT:	Mr Lynch SC Mr Klooster
COUNSEL FOR THE 1^ST RESPONDENT:	Mr Maurice

SOLICITOR FOR THE 1^ST RESPONDENT:	Mr G
2^ND RESPONDENT:	No appearance

COUNSEL FOR THE 3^RD RESPONDENT:

Mr McGrath SC

SOLICITOR FOR THE 3^RD RESPONDENT:

Owen Hodge

Orders

These proceedings are transferred to the Supreme Court of New South Wales to be joined with proceedings numbered ….

IT IS NOTED that publication of this judgment by this Court under the pseudonym LL Pty Limited & Dawson and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC4098 of 2014

LL Pty Ltd

Applicant

And

Ms Dawson (Ms Simpson

as Personal Legal Representative)

1st Respondent

And

Mr Worth

2nd Respondent

And

Mr Dawson

3^rd Respondent

REASONS FOR JUDGMENT

Introduction

Ms Dawson and Mr Worth first cohabited in April 2003. They never married and have no children together. They separated in early 2014. Proceedings arising out of their de facto relationship commenced on 16 July 2014 when Ms Dawson filed an application seeking maintenance and property settlement orders. She also sought an order under s 106B of the Family Law Act 1975 (Cth) (“the Family Law Act”) to set aside the transfer of a property at B Street, Suburb C (“the Suburb C property”) to LL Pty…

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.

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Details

Case: [2015] FamCA 709
Decision Date: 27 August 2015

CaseChat Overview and Summary

LL Pty Limited and Dawson and Ors concerned an application before Loughnan J. The precise nature of the dispute between the parties is not detailed in the provided text, however, the proceedings were ultimately transferred to the Supreme Court of New South Wales.

The central legal issue before the court was the appropriate forum for the proceedings. Loughnan J was required to determine whether the existing proceedings should be transferred and joined with other proceedings already on foot in the Supreme Court of New South Wales.

Loughnan J ordered that the proceedings be transferred to the Supreme Court of New South Wales to be joined with proceedings numbered [number omitted]. This indicates that the court found it appropriate to consolidate the matters in the New South Wales Supreme Court.

Orders

Orders of the court

These proceedings are transferred to the Supreme Court of New South Wales to be joined with proceedings numbered ….

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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