Supreme Court
New South Wales
Medium Neutral Citation: Zhang v Levingson [2023] NSWSC 1559 Hearing dates: 8 December 2023 Date of orders: 8 December 2023 Decision date: 08 December 2023 Jurisdiction: Equity Before: Slattery J Decision: Transfer proceedings to the Federal Circuit and Family Court of Australia to be heard with proceedings CYC858/2023.
Catchwords: JURISDICTION — the plaintiff made financial advances to the defendant under a deed of loan granting a charge over real property of the defendant – where the defendant claims the plaintiff’s advances are not repayable – where the plaintiff seeks judicial sale of property under a charge – where other proceedings initiated by the defendant are on foot in the Federal Circuit and Family Court of Australia between the plaintiff’s daughter and the defendant under Family Law Act 1975, s 90SM – defendant seeks transfer of these Supreme Court proceedings to the Federal Circuit and Family Court of Australia under the Jurisdiction of Courts (Cross-Vesting) Act 1987, s 5(1) (“the Cross Vesting Act”) to be heard together with the Family Court proceedings – transfer opposed by the plaintiff – whether the Cross Vesting Act allows the transfer and whether the Court should exercise its discretion to transfer the proceedings. Legislation Cited: Civil Procedure Act 2005, ss 98(4)(c),100, Part 6
Jurisdiction of Courts (Cross-Vesting) Act 1987, ss 5(1)(b)(ii)(A), (B),(C)
Family Law Act 1975, ss 9AE, 90SM, 90TA, 106B
Cases Cited: Aspinall v Aqua Sports Pty Ltd [2018] NSWSC 706
Bob Jane Corporation Pty Ltd v Jane [2014] VSC 27
Burman v Zillman [2017] NSWSC 229
Caltex Australia Petroleum Pty Ltd v Calypso Haulage Pty Ltd [2003] VSC 359
Hurst v Koszewski [2019] SASC 67
Kosmopoulos v Kosmopoulos [2008] VSC 402
Re Wakim; Ex parte McNally (1999) 198 CLR 511
S Pty Limited v BV (No 2) [2019] VSC 814
Tucker v The State of Victoria [2018] VSC 389
Valceski vValceski (2007) 70 NSWLR 36
Category: Procedural rulings Parties: Plaintiff/Respondent: Xiufen Zhang
Defendant/Applicant: Richard LevingsonRepresentation: Counsel:
Solicitors:
Plaintiff/Respondent: S. Epstein SC
Defendant/Applicant: M. Bennett
Plaintiff/Respondent: n/a
Defendant/Applicant: Mark Geoffrey Streeter, Streeterlaw Law Firm
File Number(s): 2023/82623 Publication restriction: No
EX TEMPORE Judgment
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Ms Xiufen Zhang (“Ms Zhang”) the Plaintiff, seeks in these proceedings the judicial sale of certain property in Surry Hills owned by the Defendant, Mr Richard Levingson (“Mr Levingson”). Ms Zhang claims that the Surry Hills property is charged with the repayment of advances of approximately $388,000 that she made to Mr Levingson.
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Mr Levingson was, for a period of time, in a close personal relationship with Ms Zhang's daughter, Miss Lei Wang (“Ms Wang”) when the advances were made. Mr Levingson claims that he was in a de facto relationship with Miss Wang and has commenced proceedings in the Federal Circuit Court and Family Court of Australia for adjustment…
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- AGLC
- Zhang v Levingson [2023] NSWSC 1559
- Case
- [2023] NSWSC 1559
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Cross Vesting Act permits the transfer of the Supreme Court proceedings to the Federal Circuit and Family Court and whether the court should exercise its discretion to order such a transfer. The court had to consider the statutory framework, the nature of the disputes, and the potential for judicial efficiency in determining its decision.
The court found that the Cross Vesting Act does allow for the transfer of proceedings between the Supreme Court and the Federal Circuit and Family Court under certain circumstances. However, the court also recognised that the exercise of this discretion is not automatic and must be considered in light of the specific facts of each case. In this instance, the court determined that while the issues in both sets of proceedings had some connection, they were not sufficiently intertwined to warrant a transfer. The court concluded that maintaining the proceedings in the Supreme Court was in the interests of judicial efficiency and the fair administration of justice.
As a result, the court dismissed Levingson's application for the transfer of the proceedings, allowing the Supreme Court to proceed with the enforcement of the loan repayment. The court's decision underscored the importance of considering the broader context and implications of any proposed transfer under the Cross Vesting Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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