Ha v Xu and Hou [2007] NSWLC 25

Local Court of New South Wales

CITATION: Ha v Xu and Hou [2007] NSWLC 25 JURISDICTION: Civil Plaintiff: Paul Kay Mui Ha PARTIES: First Defendant: Xuan Fang (Wendy) Xu Second Defendant: Xuhua Hou FILE NUMBER: 3581/07 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 07/13/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Jurisdiction - whether property bought on trust - whether on pleadings matters are proceedings in which title to land is in question LEGISLATION CITED: Local Courts Act ss65(1), 65(7), 67(e) Hunyh v Swanson (1999) NSWSC 72 CASES CITED: Toll v Alphapharm (2004) 219 CLR 164. Smith v Patterson (1934) 51 WN (NSW) 137 Khoury & Anor v Khouri (2006) 66 NSWLR 241 Mr P Cullen (Counsel for Plaintiff) Equiton Solicitors & Notary (Solicitors for Plaintiff) REPRESENTATION:

Mr Monahan (Counsel for Defendant) Shijing Lawyers (Solicitors for Defendant) ORDERS: The defendants are to file their Defences by 3 August 2007. The hearing of the Motion is adjourned part heard to 9 August 2007, or to some other suitable date, at 9.30

Reasons for Decision 1 The defendants Wendy Xu and Mr Hou applied to the court seeking that the plaintiff's claim be stayed until the claim was removed to the Supreme Court of New South Wales or until further order of the court. 2 The plaintiff's original Statement of Claim sought declarations as to the basis upon which land was owned. They were orders outside the jurisdiction of this court. An Amended Statement of Claim was filed. The defendants claim that the orders which the plaintiff now seeks under the Fair Trading Act 1987 require the court to make a finding as to the existence of a declaration of trust and therefore the title to land is in question. The defendants contend this court does not have jurisdiction to hear such matters.