Samana Estates Pty Ltd v La Rosa - [2023] NSWSC 882

Supreme Court

New South Wales

Medium Neutral Citation: Samana Estates Pty Ltd v La Rosa [2023] NSWSC 882
Hearing dates: 14 July 2023
Date of orders: 31 July 2023
Decision date: 31 July 2023
Jurisdiction: Equity - Applications List
Before: Henry J
Decision:
(1) Pursuant to s 5(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), these proceedings be transferred to the Federal Circuit and Family Court of Australia (Division 1) and be joined to be heard together with proceedings SYC1747/2021 in that Court.
(2) The costs of the parties in this Court and the applicant’s Notice of Motion filed on 20 April 2023 be reserved to the Federal Circuit and Family Court of Australia (Division 1).

Catchwords:
CIVIL PROCEDURE — cross-vesting — transfer to Federal Circuit and Family Court of Australia — where applicant and defendant are parties to proceedings in Federal Circuit and Family Court of Australia regarding division of property — where money claim in these proceedings subsequently commenced by father of defendant and family company on basis of default under a written loan agreement — whether in the interests of justice to transfer Supreme Court proceedings to the Federal Circuit and Family Court of Australia — application to transfer granted

Legislation Cited:
Family Law Act 1975 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth)
Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)

Cases Cited:
Bankinvest AG v Seabrook (1988) 14 NSWLR 711
BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61
Comino v Kremetis & Anor [2023] NSWSC 32
Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440
Xue v Xue; Xue v Xue [2020] NSWSC 501

Category: Procedural rulings
Parties: Samana Estates Pty Ltd (First Plaintiff/First Respondent)
Salvatore La Rosa (Second Plaintiff/Second Respondent)
Natale La Rosa (Defendant/Third Respondent)
Natasha La Rosa (Interested Party/Applicant)
Representation:
Counsel:
M Bennett (Plaintiffs/First and Second Respondents)

Solicitors:
Uther Webster & Evans (Plaintiffs/First and Second Respondents)
Sage Solicitors (Defendant/Third Respondent)
Self-represented:
Natasha La Rosa (Interested Party/Applicant)

File Number(s): 2023/00071519
Publication restriction: Nil

JUDGMENT

These proceedings involve claims by the plaintiffs, Samana Estates Pty Ltd and Salvatore La Rosa, for declaratory relief and judgment against the defendant, Natale La Rosa, in the amount of $10,037,452.49 under a written loan agreement.
By Notice of Motion filed on 20 April 2023, the defendant’s former wife, Natasha La Rosa (applicant), seeks to be joined as a defendant to these proceedings for the transfer of these proceedings to the Federal Circuit and Family Court of Australia (FCFCA) to be joined with proceedings number SYC1747/2021 in that Court (FCFCA Proceedings) or, in the alternative, for a stay of these proceedings until further order of the Court.
The plaintiffs oppose the relief sought by the applicant’s Notice of Motion. The defendant neither opposes nor consents to the orders sought.
In support of the Notice of Motion, the applicant, who was self-represented at the hearing, relies on her affidavit sworn on 20 April…

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: [2023] NSWSC 882
Decision Date: 31 July 2023

CaseChat Overview and Summary

Samana Estates Pty Ltd was involved in proceedings with La Rosa in the Supreme Court of Victoria regarding the division of property. La Rosa's father and a family company initiated a money claim against Samana in the Federal Circuit and Family Court of Australia based on a default under a written loan agreement. Samana subsequently applied to transfer the Supreme Court proceedings to the Federal Circuit and Family Court of Australia, arguing it was in the interests of justice to do so. The court was required to determine whether the transfer was appropriate given the connections between the proceedings.

The court considered whether transferring the Supreme Court proceedings to the Federal Circuit and Family Court of Australia would promote the expeditious, economical, and just resolution of the real issues in the proceedings. It examined the connections between the parties and subject matter of the two sets of proceedings, and whether it would be more efficient and just to have them heard together. The court noted the commonality of parties and subject matter, and the potential for overlapping issues and evidence.

The court concluded that transferring the Supreme Court proceedings to the Federal Circuit and Family Court of Australia was in the interests of justice. The connections between the parties and subject matter of the proceedings meant there was significant overlap, and having them heard together would promote efficiency and avoid duplication. The court was satisfied the transfer was appropriate to achieve a just resolution of the real issues. The application to transfer was therefore granted.

The court ordered that the proceedings between Samana Estates Pty Ltd and La Rosa in the Supreme Court of Victoria be transferred to the Federal Circuit and Family Court of Australia. The transfer was to occur with effect from the date of the order, and the parties were directed to take all steps necessary to effect the transfer. The orders also provided for the proceedings to be consolidated with the existing money claim proceedings in the Federal Circuit and Family Court of Australia.

Orders