Wiggett v Stone [2022] NSWSC 771

Supreme Court New South Wales

Medium Neutral Citation: Wiggett v Stone [2022] NSWSC 771 Hearing dates: 09 June 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The proceedings must be dismissed. 2. Under r 42.1 of the Uniform Procedure Rules 2005 (NSW) costs follow the event, Mr Wiggett must thus pay the liquidator's costs, as agreed or assessed. Unless the parties approach to be heard within 7 days, that will be the Court's order. 3. If there is any dispute they should file proposed orders and short submissions to be considered on the papers. Catchwords: COURTS AND JUDGES — Courts — cross-vesting — where first defendant as liquidator has brought proceedings against plaintiffs in District Court for insolvent trading and seeks recovery — where second plaintiff has commenced proceedings in Federal Circuit and Family Court of Australia for division of matrimonial property — where first plaintiff seeks orders to remove District Court proceedings to Supreme Court and then transfer to Federal Circuit and Family Court of Australia — where orders are opposed by liquidator — whether Supreme Court should exercise its power — Civil Procedure Act 2005 (NSW), s 140 — Corporations Act 2001 (Cth), s 1337H — interests of justice — balance of relevant factors — whether proceedings are intertwined or discrete — orders refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 140 Corporations Act 2001 (Cth), ss 588G, 588H, 588M, 1337C, 1337H Family Law Act 1975 (Cth), s 79 Uniform Civil Procedure Rules, r 42.1 Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Bellamy v Gladwell (No 2) [2017] FamCAFC 238 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 BOC v MDL [2019] NSWSC 278 Browne v Green [1999] FamCA 1483; (1999) 25 Fam LR 482 In the Marriage of Hickey [2003] FamCA 395; (2003) 30 Fam LR 355 In the matter of Peter G Ward Industries Pty Ltd [2020] NSWSC 339 In the matter of PJL Group Pty Ltd [2018] NSWSC 756 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Parry v WGE Engineering Pty Ltd [2003] NSWSC 337 Roff v Aqua Distributors Pty Ltd [1996] FCA 966; (1996) 22 ACSR 248 Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440 Vaughan v Frost [2010] NSWSC 492 Yara Pilbara Fertilisers Pty Ltd v Oswal (No 8) [2015] FCA 49 Zhu v Tech Universal (HK-Macau) Development Pty Ltd, in the matter of Tech Universal (HK-Macau) Development Pty Ltd [2005] FCA 256; (2005) 53 ACSR 704 Category: Principal judgment Parties: Dominic Wiggett (First Plaintiff) Elke Wiggett (Second Plaintiff) Richard Stone (First Defendant) Zorro Pressure Cleaning Pty Ltd (Second Defendant) Representation: Counsel: M McGirr (Plaintiffs) J Raftery (Defendants) Solicitors: McPhee Kelshaw (First Plaintiff) Ziman & Ziman (Second Plaintiff) Roser Lawyers (First and Second Defendants) File Number(s): 2022/22003