Wurz bht NSW Trustee & Guardian v Elawaad (No 2)

The matter before the court was a challenge to the transfer of proceedings from the Supreme Court of New South Wales to the Federal Circuit and Family Court of Australia (Division 1). The applicant, Wurz, sought an order for costs incurred by the plaintiff in the Supreme Court proceedings. The plaintiff and defendant opposed the transfer of the proceedings and the applicant's costs application. The court was required to determine whether the transfer of proceedings was appropriate and if the applicant was entitled to costs.

The court held that the transfer of the proceedings was appropriate due to the nature of the claims made by the plaintiff, which involved family law matters. The court found that the Federal Circuit and Family Court of Australia (Division 1) was the appropriate forum for such proceedings. The court also considered the applicant's costs application and found that there was no issue of principle that would prevent the applicant from recovering costs. The court held that the applicant was entitled to recover costs from the plaintiff for the Supreme Court proceedings, as the transfer of proceedings did not affect the applicant's right to seek costs.

The court made an order that the proceedings be transferred to the Federal Circuit and Family Court of Australia (Division 1) and that the applicant was entitled to recover costs from the plaintiff for the Supreme Court proceedings. The court further held that there was no issue of principle that would prevent the applicant from recovering costs.