Younes v Younes [2023] NSWSC 456

Supreme Court New South Wales

Medium Neutral Citation: Younes v Younes [2023] NSWSC 456 Hearing dates: 21 April 2023 Date of orders: 3 May 2023 Decision date: 03 May 2023 Jurisdiction: Equity - Real Property List Before: Williams J Decision: Application for stay of proceedings dismissed. Catchwords: PRACTICE AND PROCEDURE – proceedings commenced by plaintiff in this Court for specific performance of agreement pursuant to which defendants promised to transfer certain real property to the plaintiff – where that agreement included an agreement to submit to exclusive jurisdiction of the courts of New South Wales - where defendants are former husband and wife engaged in ongoing adjustive property proceedings under the Family Law Act 1975 (Cth) in the Federal Circuit and Family Court of Australia (Division 1) – where plaintiff is not a party to the family law proceedings – where defendant wife has filed points of claim in the family law proceedings seeking to set aside the agreement that is the subject of the proceedings in this Court and has applied to join the plaintiff as a respondent to the family law proceedings – where the plaintiff had foreshadowed the commencement of proceedings in this Court before the defendant wife filed the points of claim and joinder application in the family law proceedings on 6 and 7 October 2022 – where joinder application had still not been heard by the time the plaintiff commenced the proceedings in this Court on 13 February 2023 – where the defendant wife applied to stay the proceedings in this Court pending the determination of joinder application in the family law proceedings on the basis that the proceedings in this Court were an abuse of process or, alternatively, on the basis of forum non conveniens – where the evidence adduced on the stay application did not disclose a proper basis for joinder of the plaintiff to the family law proceedings – application for stay refused. Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Family Law Act 1975 (Cth), ss 79,106B Federal Circuit and Family Court of Australia Act 2021 (Cth), s 8(1) Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Cth), sch 1, item 229 Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Rules 2021, r 7 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4(1) Cases Cited: Aviani v Loh (No 2) [2022] NSWSC 1148 Elias & Elias Pty Ltd atf the Elias Family Trust v Chidiac [2010] NSWSC 1364 In the matter of PJL Group Pty Ltd [2018] NSWSC 756 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; (2010) 84 ALJR 446; (2010) 266 ALR 462; (2010) 2 ASTLR 553; (2010) 4 BFRA 701; [2010] HCA 19 Puttick v Tenon Ltd (2008) 238 CLR 263; (2008) 83 AJLR 93; (2008) 250 ALR 582; [2008] Aust Torts Reports 81-980; [2008] HCA 54 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538; (1990) 65 ALJR 83; (1990) 97 ALR 124; [1990] HCA 55 Xue v Xue [2020] NSWSC 501 Young v Lalic (2006) 197 FLR 27; [2006] NSWSC 18 Category: Procedural rulings Parties: Lolita Younes (Plaintiff) Susie Younes (First Defendant) George Younes (Second Defendant) Representation: Counsel: Ms A Horvath SC (Plaintiff) Mr N Ford (First Defendant)