Douglas v Kik; Douglas v Kekatos [2020] NSWSC 1734

Supreme Court New South Wales

Medium Neutral Citation: Douglas v Kik; Douglas v Kekatos [2020] NSWSC 1734 Hearing dates: 13 August 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Rothman J Decision: The Court makes the following orders: (1) Motion of 31 May 2019 of Ms Janina Kik and Mr David Anthony James seeking cross-vesting orders be dismissed; (2) The first cross-claim in proceedings 2016/00103090, being proceedings in which Ms Janina Kik and Mr David Anthony James seek damages against Ms Trudy Douglas, be heard together with proceedings 2020/00219354 commenced by Ms Trudy Douglas, seeking orders against Mr Jim Kekatos. The evidence in this Court in matter number 2020/00219354 and matter number 2016/00103090 be evidence in each other proceedings. (3) The proceedings in this court be expedited and subject to special case management by Rothman J. The Supreme Court proceedings referred to above are listed for Directions before Rothman J on Friday, 4 December 2020 at 9:30 AM. (4) The costs of and incidental to the motions shall be costs in the substantive proceedings to which they relate. (5) Leave is reserved to any party to apply for any special or different order as to costs which shall be made within three days of the date of this judgment by short written submission. Any party affected by any such application may reply to the said application by short written submission within three days of the receipt of the application. Any such application will be dealt with on the papers. Catchwords: CIVIL PROCEDURE – Cross-vesting – Application to transfer to Family Court of Australia – Relevant factors – 2 separate proceedings in Supreme Court – possibly of inconsistent findings – relevant factors – avoidance of multiplicity of proceedings – application refused – proceedings in this Court to be heard together and expedited. Legislation Cited: Civil Procedure Act 2005 (NSW), s 99 Family Law Act 1975 (Cth), ss 72, 74, 75, 78, 79, 90AC, 90AE Jurisdiction of Court (Cross-vesting) Act 1987 (NSW), s 5 Cases Cited: Evans Deakin Industries Pty Ltd t/as EDI RAIL v AMACA Pty Limited (Formerly James Hardie & Coy Pty Ltd) [2020] NSWSC 149 Re Wakim; Ex parte McNally (1999) 198 CLR 511; [1999] HCA 27 Category: Procedural and other rulings Parties: Douglas v Kik (2016/103090):