Brown and anor v Anstis anor (No 3) [2013] NSWSC 1937

Supreme Court New South Wales

Medium Neutral Citation: Brown and anor v Anstis anor (No 3) [2013] NSWSC 1937 Hearing dates: 17 October 2013 Decision date: 20 December 2013 Before: Bellew J Decision: (1)The second defendant is to pay the plaintiffs' costs of the application to set aside the notices to produce. (2)The costs of the amended notice of motion filed by the second defendant are otherwise reserved. (3)The parties have liberty to restore the matter to the list on 7 days notice once the proceedings in the Family Court of Australia have concluded. Catchwords: COSTS - transfer of proceedings to Family Court of Australia - no point of principle Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 Cases Cited: Brown & anor v Anstis & anor [No 1] [2013] NSWSC 1478 Brown and anor v Anstis and anor [No 2] [2013] NSWSC 1488 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 B Dean - 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

Judgment 1On 15 October 2013 I ordered, pursuant to the provisions of 5(1)(b)(ii) of the Jurisdiction of Courts (Cross-vesting) Act 1987, that the proceedings numbered 2013/00151335 commenced in the Common Law Division (Possession List) of this Court were to be transferred to the Family Court of Australia (see Brown & anor v Anstis & anor (No 2) [2013] NSWSC 1488). 2In a separate judgment (see Brown & anor v Anstis & anor (No 1) [2013] NSWSC 1478) I ordered that notices to produce issued by the second defendant to the plaintiffs and to the first defendant should be set aside. 3Having heard further submissions from the parties, it is now necessary for me to determine the question of costs, firstly arising from my decision to set aside the notices to produce, and secondly, arising from my determination that the proceedings should be transferred to the Family Court of Australia.