Bourdon v Outridge [2006] NSWSC 491

Reported Decision : (2006) DFC 95-333

New South Wales Supreme Court

CITATION : Bourdon v Outridge [2006] NSWSC 491 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 22/05/06

JUDGMENT DATE : 22 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 05/22/2006

DECISION : Order that the proceedings be dismissed. That order is made without prejudice to any right of the plaintiff to file, or to seek leave to file, a cross-claim or amended defence in District Court proceedings at Lismore No 3 of 2004. Order that the plaintiff pay the defendant's costs of these proceedings

CATCHWORDS : PRACTICE AND PROCEDURE – Plaintiff and defendant involved in proceedings pursuant to Property (Relationships) Act 1984 (NSW) in District Court of New South Wales – Plaintiff brought proceedings covering same subject matter in Supreme Court of New South Wales claiming beneficial interest under a trust – Whether institution of Supreme Court proceedings an abuse of process or contrary to s 56 Civil Procedure Act 2005 (NSW) – Whether institution of Supreme Court proceedings justified by absence of jurisdiction on part of District Court - - PRACTICE AND PROCEDURE – District Court – Jurisdiction – Jurisdiction of District Court in Equity Proceedings pursuant to s 134(1)(g) District Court Act 1973 (NSW) – Jurisdiction of District Court to make order for financial adjustment under s 20 Property (Relationships) Act – Monetary jurisdictional limit of District Court in proceedings pursuant to s 20 Property (Relationships) Act – Consent jurisdiction of District Court pursuant to s 51 District Court Act - PRACTICE AND PROCEDURE – Application by plaintiff to transfer District Court proceedings to Supreme Court – Application dismissed.