Guan v Li [2022] NSWCA 173

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Guan v Li [2022] NSWCA 173 Hearing dates: 25 August 2022 Date of orders: 05 September 2022 Decision date: 05 September 2022 Before: Bell CJ at [1]; Ward P at [63]; Meagher JA at [64] Decision: (1) Dismiss the summons for leave to appeal. (2) Grant leave to Ms Guan to file a fresh summons for leave to appeal within seven days. (3) Order that Ms Guan is to pay: (a) the costs thrown away by the making of any fresh application for leave to appeal, and (b) the costs of the hearing on 26 August 2022. Catchwords: APPEALS – jurisdiction of appellate court – Court of Appeal – cross-vesting – whether Court of Appeal had jurisdiction to determine appeal – whether proposed appeal involved a matter for determination arising under s 90K of the Family Law Act 1975 (Cth) – whether application for leave to appeal was required to be instituted in and could only be determined by Full Court of the Federal Court and Family Court of Australia – Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 7 COURTS AND JUDGES – jurisdiction – Court of Appeal – cross-vesting – whether Court of Appeal had jurisdiction to determine appeal – whether proposed appeal involved a matter for determination arising under s 90K of the Family Law Act 1975 (Cth) – whether application for leave to appeal was required to be instituted in and could only be determined by Full Court of the Federal Court and Family Court of Australia – Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 7 Legislation Cited: Bankruptcy Act 1966 (Cth) ss 27(1) and 58(3)(b) Civil Procedure Act 2005 (NSW) s 56 Family Law Act 1975 (Cth) ss 4, 90C, 90K Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 7 Trade Marks Act 1995 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 25.14 Cases Cited: Anderson v Eric Anderson Radio & TV Pty Ltd (1965) 114 CLR 20; [1965] HCA 61 Boensch (as trustee of the Boensch Trust) v Pascoe (2016) 349 ALR 193, [2016] NSWCA 191 Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd (2013) 86 NSWLR 115; [2013] NSWCA 392 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 CGU Insurance Limited v Blakeley (2016) 259 CLR 339; [2016] HCA 2 Collins v Charles Marshall Pty Ltd (1955) 92 CLR 529; [1955] HCA 44 Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211 Felton v Mulligan (1971) 124 CLR 367; [1972] HCA 39 Grace v Grace (2014) 85 NSWLR 688; [2014] NSWCA 86 Grainger v Bloomfield & Anor (2015) 304 FLR 351; [2015] FamCAFC 221 Gully, State Tax Collector for Mississippi v First National Bank in Meridian (1936) 299 US 109 John Pfeiffer Pty Limited v Rogerson (2000) 203 CLR 503; [2000] HCA 36 Karlsson v Griffith University (2020) 103 NSWLR 131; [2020] NSWCA 176 Li v Tang [2021] NSWSC 1011 Phillips v Eyre (1870) LR 6 QB 1 PT Bayan Resources TBK v BCBC Singapore Pte Ltd (2015) 258 CLR 1; [2015] HCA 36 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141; [1945] HCA 50 Category: Principal judgment Parties: Yanjuan Guan (Appellant) Weijian Lei (First Respondent) Danny Tony Vrkic in his Capacity as Trustee for the Bankrupt Estate of Frank Tang (Second Respondent) Representation: Counsel: