Ostrovsky v Registrar of Titles Queensland [2010] NSWSC 220

New South Wales Supreme Court

CITATION : Ostrovsky v Registrar of Titles Queensland [2010] NSWSC 220

HEARING DATE(S) : 15 March 2010

JUDGMENT DATE : 26 March 2010

JUDGMENT OF : Harrison J

DECISION : 1. Order that the proceedings be transferred to the Supreme Court of Queensland. 2. Order that the second defendant's motion be dismissed.

CATCHWORDS : CROSS VESTING - Jurisdiction of Courts (Cross-Vesting) Act 1987 – s 5(2)(b)(iii) – where plaintiff contributed capital to partnership conducted in Queensland – partnership dissolved by order of Supreme Court of New South Wales – plaintiff unable to recover losses from former partner – sale of land only prospect of recovery – land sold by former partner without plaintiff's knowledge or consent - breach of duty by Registrar of Titles, Queensland and former solicitors alleged – whether otherwise in the interests of justice that proceedings be determined by Supreme Court of Queensland – order made for transfer to Queensland Supreme Court – PRACTICE and PROCEDURE – UCPR 6.29 – misjoinder of a party – application by second defendant to be removed from proceedings – application conducted as if in nature of summary dismissal – application misconceived – motion dismissed.

LEGISLATION CITED : Jurisdiction of Courts (Cross- vesting) Act 1987 Land Title Act 1994 (Qld)

CATEGORY : Procedural and other rulings

Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz [2004] HCA 61; (2004) 221 CLR 400 James Hardie & Coy Pty Ltd v Barry [2000] NSWCA 353; (2000) 50 NSWLR 357 CASES CITED : Montague Mining Pty Ltd v Gore [1998] FCA 1334 Ostrovsky v Burton [2007] NSWSC 1183 Ostrovsky v Burton [2009] NSWSC 1035 Uniting Church in Australia Property Trust (NSW) v Monsen [1978] 1 NSWLR 575 Valceski v Valceski [2007] NSWSC 440; (2007) 70 NSWLR 36