Wurz bht NSW Trustee & Guardian v Elawaad (No 2) [2022] NSWSC 1486

Supreme Court New South Wales

Medium Neutral Citation: Wurz bht NSW Trustee & Guardian v Elawaad (No 2) [2022] NSWSC 1486 Hearing dates: On the papers Date of orders: 01 November 2022 Decision date: 01 November 2022 Jurisdiction: Equity Before: Henry J Decision: (1) The costs of the applicant's notice of motion filed on 13 September 2022 (and as amended on 4 October 2022) be costs in the cause. (2) The costs of these proceedings, including any costs thrown away by reason of the transfer, be costs in the cause or otherwise be reserved to the Federal Circuit and Family Court of Australia (Division 1). Catchwords: COSTS – where proceedings transferred to the Federal Circuit and Family Court of Australia (Division 1) – where applicant intervened – where plaintiff and defendant opposed transfer – no issue of principle Legislation Cited: Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia Act 2021 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brejcha v Krieger [2020] NSWSC 964 CL Asset Holdings Pty Ltd v Chamoun Investments Pty Ltd [2020] NSWSC 1817 Credit Suisse AG v Gu (No 2) [2022] NSWSC 198 Gleeson as trustee for the bankrupt estate of Ren v Kong [2018] NSWSC 1275 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Tonbul Baykal v Terry Van Der Velde as trustee for bankrupt estate of Hakan Tandogan [2017] NSWSC 36 Category: Costs Parties: Diane Mary Wurz bht NSW Trustee & Guardian (Plaintiff) Ahmed Moustafa Elsayed Elawaad (Defendant) Lina Tretiak (Applicant) Representation: Counsel: K. Burke (Plaintiff) J. Mee (Applicant)