Yu v Wang [2021] NSWSC 1280

Supreme Court New South Wales

Medium Neutral Citation: Yu v Wang [2021] NSWSC 1280 Hearing dates: 8 October 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: The plaintiff's notice of motion filed 23 July 2021 is dismissed. In respect of the defendants' notice of motion filed 16 August 2021: (1) The proceedings be stayed until further order. (2) Nothing in order (1) precludes any party from exercising liberty to apply to lift the stay or enter final orders in the proceedings. (3) The plaintiff is to pay three-quarters of the defendants' costs of both motions. Catchwords: PRACTICE AND PROCEDURE – stay of proceedings – related proceedings in Federal Circuit and Family Court (Division 2) – no express power to transfer – Division 2 Court should determine all issues in dispute – stay granted Legislation Cited: Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia Act 2021 (Cth), s 52, s 134 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW). Cases Cited: Valceski v Valceski [2007] NSWSC 440 Waters v Durrant [2015] FCCA 2419 Wigmans v AMP Limited [2021] HCA 7; (2021) 95 ALJR 305 Category: Procedural rulings Parties: Yunyun Yu (Plaintiff) Richie Lin Ze Wang (First Defendant) Harveston Wellness Proprietary Limited (Second Defendant) Representation: Counsel: D Healey (Plaintiff) M Condon SC (Defendants)