SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | O’Donnell v O’Donnell |
Citation: | [2019] ACTSC 313 |
Hearing Date: | 16 October 2019 |
DecisionDate: | 8 November 2019 |
Before: | Crowe AJ |
Decision: | See [69] |
Catchwords: | PRACTICE AND PROCEDURE – CROSS-VESTING LEGISLATION – Application to transfer in accordance with the Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) – whether a claim under the Family Provision Act 1969 (ACT) should be transferred to NSW – where domicile in issue – where proceedings also commenced in NSW seeking orders under the Succession Act 2006 (NSW) – where a potential notional estate in existence – determination in accordance with the “interest of justice” – proceedings transferred to the NSW Supreme Court |
Legislation Cited: | Court Procedure Act 2004 (ACT) s 5A Domicile Act 1982 (Cth) ss 3, 10 Succession Act 2006 (NSW) ss 59, 60, 63, 64, 88 Part 3.3 |
Cases Cited: | Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey [2016] NSWSC 159 Bateman v Fairfax Media Publications Pty Ltd & ors [2013] ACTSC 78, 8 ACTLR 13 |
Parties: | Kalpana O’Donnell (Plaintiff) Jamie Francis John O’Donnell (First Defendant) Vanessa Alicia Channon (Second Defendant) Laura Elspeth O’Donnell (Third Defendant) Ashley Grace O’Donnell (Fourth Defendant) Evenlong Pty Ltd (Fifth Defendant) Duboti Pty Limited (Sixth Defendant) |
Representation: | Counsel L Ellison SC & L Nurpuri (Plaintiff) I Coleman SC & M Pringle (Defendants) |
| Solicitors Vincent Butcher Lawyers (Plaintiff) Campbell & Co Lawyers (Defendants) | |
File Number: | SC 278 of 2019 |
Crowe AJ
The late Garry Francis O’Donnell (the Deceased) died in Canberra on
26 November 2018, aged 67 years. He left five adult children. For convenience only, and meaning no disrespect, I will refer to them by their first names. They are Jaimie, Vanessa, Laura, Ashley and Simon. By his last will made on 18 August 2015 the Deceased appointed Jaimie, Vanessa, Laura and Ashley as his executors and left his estate to be divided equally among the five children. No provision was made for the plaintiff.
In late 2012, the plaintiff and the Deceased met and formed a relationship. They started living together in January 2013 and were married in Las Vegas in the United States on 9 May 2013. The plaintiff had been working as a public servant at a senior level. She had been on leave for some time and was due to return in 2014. She says that the Deceased persuaded…
Continue reading O'Donnell v O'Donnell
Sign in free to access the full text
- AGLC
- O'Donnell v O'Donnell [2019] ACTSC 313
- Case
- [2019] ACTSC 313
- Decision Date
CaseChat Overview and Summary
The court considered whether the notional estate was properly before it and whether the transfer was in the interest of justice. The court found that the notional estate was not properly before the court as it had not been formally identified or quantified. However, the court also found that the transfer was in the interest of justice due to the existence of proceedings in NSW seeking orders under the Succession Act 2006 (NSW), and the issue of domicile. The court held that the transfer was appropriate to avoid piecemeal litigation and to ensure that all claims could be determined in a single proceeding.
The court further found that the applicant had demonstrated that the transfer was in the interest of justice. The court considered the potential for overlapping claims, the need for consistency in the determination of claims, and the need to avoid unnecessary costs and delays. The court held that the transfer was appropriate to ensure that all claims could be determined in a single proceeding, and that the interests of justice would be best served by transferring the proceedings to the NSW Supreme Court.
Accordingly, the court ordered that the proceedings be transferred to the NSW Supreme Court. The court noted that the transfer was in accordance with the cross-vesting legislation, and that the transfer was in the interest of justice. The court also noted that the transfer would not prejudice the rights of any party, and that the transfer would not cause any unnecessary delay or expense. The court held that the transfer was appropriate to ensure that all claims could be determined in a single proceeding, and that the interests of justice would be best served by transferring the proceedings to the NSW Supreme Court.
Orders
Orders of the court
See [69]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.