Brown and anor v Anstis anor [No 2] [2013] NSWSC 1488

Supreme Court New South Wales

Medium Neutral Citation: Brown and anor v Anstis anor [No 2] [2013] NSWSC 1488 Hearing dates: 18 September 2013 Decision date: 15 October 2013 Before: Bellew J Decision: 1.Pursuant to the provisions of s. 5(1)(b)(ii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 the proceedings numbered 2013/00151335 commenced in the Common Law Division (Possession List) of this court are transferred to the Family Court of Australia. Catchwords: CROSS VESTING - where first and second defendants previously married - where matrimonial home purchased with monies loaned to first defendant from a trust of which he was a beneficiary - where loan secured by mortgage and further secured by guarantee of the second defendant - where marriage broke down - where parties entered into binding financial agreement - where default under agreement - where first defendant brought proceedings in Family Court for orders setting aside agreement and consequential orders in relation to the property - where trustees brought proceedings in Supreme Court against both defendants for possession of the property - whether possession proceedings commenced in the Supreme Court should be transferred to Family Court - whether Family Court had jurisdiction to determine issues in the possession proceedings - whether it was in the interests of justice to make an order transferring the proceedings Legislation Cited: Family Law Act 1975 Jurisdiction of Courts (Cross-Vesting) Act 1987 Real Property Act 1900 Cases Cited: BHP Billiton Limited v Schulz (2004) 221 CLR 400 Elias &`````````````Elias Pty Limited atf the Elias Family Trust v Antoun Toufic Chidiac and ors [2010] NSWSC 1364 Olsen v Olsen [2012] NSWSC 540 Valceski v Valceski (2007) 70 NSWLR 36 Warby, In the Marriage of (2001) 166 FLR 319 Category: Principal judgment Parties: Sandra Brown - First plaintiff Mark Woodward - Second plaintiff Charles John Anstis - First defendant Debra Ann Anstis-Bollinger - Second defendant Representation: Mr J T Svehla - Plaintiffs Mr G J Sundstrom - First defendant Mr P Dodson - Second defendant Hicksons - Plaintiffs Wiggins Cheffings Lawyers - First defendant Cohen and Krass - Second defendant File Number(s): 2013 / 51335 Publication restriction: Nil