SUN & WEI

The parties in this matter were Sun and Wei. The dispute concerned an application by Sun for an order that Wei be restrained from commencing or continuing proceedings in the Family Court of Australia. The application was heard by Riley J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the Supreme Court of New South Wales had the jurisdiction to grant an injunction restraining Wei from pursuing proceedings in the Family Court, particularly in light of the exclusive jurisdiction of the Family Court in matters of family law. This involved considering the principles of comity between courts and the circumstances in which one court may intervene in proceedings before another.

Riley J reasoned that the Supreme Court of New South Wales did not possess the power to grant the injunction sought. His Honour referred to the established principle that the Family Court has exclusive jurisdiction over matters relating to marriage and matrimonial causes, including property settlement and parenting orders. The Supreme Court's jurisdiction to grant injunctions is generally confined to matters within its own purview, and it is not empowered to interfere with the proceedings of a court exercising exclusive statutory jurisdiction. The court's inherent power to prevent abuse of process does not extend to restraining proceedings in a superior court of record, such as the Family Court, in a manner that would usurp its statutory jurisdiction.

Consequently, the application by Sun for an injunction was dismissed.