Sultan v Dabboussi [2024] NSWSC 683

Supreme Court New South Wales

Medium Neutral Citation: Sultan v Dabboussi [2024] NSWSC 683 Hearing dates: 20 May, 4 June 2024 Date of orders: 4 June 2024 Decision date: 05 June 2024 Jurisdiction: Equity Before: Williams J Decision: See orders at [37]. Catchwords: CIVIL PROCEDURE – Cross-vesting – Transfer to Federal Circuit and Family Court of Australia (Division 2) – Where the Supreme Court of New South Wales proceedings include claims by the plaintiff to equitable and proprietary interests in property that is co-owned by the first defendant and his former wife which is the subject of existing FCFCA proceedings in which the wife seeks orders under s 79 of the Family Law Act 1975 (Cth) altering the interests of the husband and wife in property, numerous third parties claim interests in the same property that is the subject of the plaintiff's claims in the Supreme Court proceedings, and the FCFCA has power to make orders under s 79 binding third parties – Where the FCFCA has jurisdiction to hear the matter – Whether it is in the interests of justice to transfer the proceedings – Proceedings transferred Legislation Cited: Family Law Act 1975 (Cth) ss 79, 90AE Federal Circuit and Family Court of Australia Act 2021 (Cth) s 132(1)(a) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 4(1) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) ss 5(1)(b)(ii)(A), (B) and (C) Cases Cited: Comino v Kremetis (2023) 110 NSWLR 224; [2023] NSWSC 32 Fencott v Muller (1983) 152 CLR 570; [1983] HCA 12 Rizeq v State of Western Australia (2017) 262 CLR 1; [2017] HCA 23 Singh v Singh [2018] NSWCA 30 Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440 Young v Lalic (2006) 197 FLR 27; [2006] NSWSC 18 Zhang v Levingson [2023] NSWSC 1559 Texts Cited: N/A Category: Procedural rulings Parties: Mahdi Sultan (Plaintiff) Ahmad Dabboussi (First Defendant) Zam Zam Operations (Second Defendant) Halal 2 U Pty Ltd (Third Defendant) Representation: Counsel: Morgan Clarke (Plaintiff) Ahmad Dabboussi (Litigant in Person) (First Defendant)