Constantine v Saad [2006] NSWSC 409

New South Wales Supreme Court

CITATION : Constantine v Saad [2006] NSWSC 409

HEARING DATE(S) : 8 May 2006

JUDGMENT DATE : 8 May 2006

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

DECISION : Proceedings transferred to Family Court of Australia.

CATCHWORDS : PROCEDURE [24] - Courts and judges generally – Courts - Concurrent jurisdiction of different courts - Transfer of proceedings under cross vesting legislation - In general.

LEGISLATION CITED : Family Law Act 1975 s 4(1)

Foley v Farquharson (2003) 30 Fam LR 603 CASES CITED : In the Marriage of Warby (2001) 28 Fam LR 443 The Queen v Ross-Jones; Ex parte Beaumont (1979) 141 CLR 504

PARTIES : Daisy Constantine (P) Anthony Saad (D)

FILE NUMBER(S) : SC 2634/06

COUNSEL : B C Kasep (P) S M Christie (D)

SOLICITORS : Truman Hoyle (P) Watts McCray (D)

- 3 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

MONDAY, 8 MAY 2006

2634/06 DAISY CONSTANTINE v ANTHONY SAAD

JUDGMENT

1 HIS HONOUR: In these proceedings the originating process is an amended summons which claims a variety of relief concerning a partnership. The partners are husband and wife and all the assets of the partnership belong to those partners.

2 Among the relief sought by the prayers of the summons are a declaration of dissolution of the partnership and an order for its winding up. On the other hand, equally included are prayers for the disposition of assets of the partnership (and, therefore, of the partners) in the interim and the use by one of the partners of a name similar to that of the partnership for trading purposes. The complicating factor is that there are proceedings between the same parties pending in the Family Court of Australia; those include proceedings for settlement of property. What is more, interlocutory orders were made by consent by the Judicial Registrar of the Family Court as recently as 3 May 2006 as to dealings with the partnership property and income pending determination of the family law proceedings.