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:
Self-represented:
Uther Webster & Evans (Plaintiffs/First and Second Respondents)
Sage Solicitors (Defendant/Third Respondent)
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…
Keep reading for free
Create a free CaseChat account to read Samana Estates Pty Ltd v La Rosa and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] NSWSC 882
- Decision Date
CaseChat Overview and Summary
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
Orders of the court
Full text does not contain this section.
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.