NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Song v Shi [2011] NSWSC 1207 Hearing dates: Wednesday, 28 September 2011 Decision date: 28 September 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Motion dismissed with costs Catchwords: REAL PROPERTY - Caveats - husband of fractured marriage seeks order extending operation of caveat - proceedings already on foot in Family Court for property adjustment - proceedings for extension of operation of caveat in regards to property of parties to a marriage are a matrimonial cause within (CTH) Family Law Act s 4 - discussion of law - inappropriate to grant relief sought where parallel proceedings on foot in Family Court. Legislation Cited: (CTH) Family Law Act 1975, s 4, s 39, s 78, s 79 (CTH) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Real Property Act 1901, s 74K, s 74O Cases Cited: Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Re Wakim; Ex parte McNally (1999) 198 CLR 511 Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440 Young v Lalic and Another (2006) 197 FLR 27; [2006] NSWSC 18 Category: Principal judgment Parties: Zhiliang Song (plaintiff) Yi Min Shi (defendant) Representation: Counsel: H Lu (solicitor, plaintiff) Mr J T Johnson (defendant) Solicitors: Luminous Legal (plaintiff) Haworth & Lexon Lawyers (defendant) File Number(s): 2011/155949
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