Patel v Patel and ORS [2015] NSWDC 2

District Court New South Wales

Medium Neutral Citation: Patel v Patel and ORS [2015] NSWDC 2 Hearing dates: 18 July 2014 and 19 September 2014 Decision date: 23 January 2015 Jurisdiction: Civil Before: Colefax SC DCJ Decision: The provisions of the Family Law Act 1975 (Cth) do not deprive the District Court of New South Wales of jurisdiction to hear proceedings brought by a wife against her husband and a guarantor in relation to a Deed made between the parties in respect of property adjustment issues: The parties to a marriage may agree between themselves to common law remedies in respect of property adjustment issues outside those available under the Family Law Act and the District Court of New South Wales has jurisdiction to determine claims concerning those remedies. Catchwords: Family Law - matrimonial cause - alternative common law remedies - whether District Court has jurisdiction to provide such alternative remedies Legislation Cited: Family Law Act 1975 (Cth), Jurisdiction of Courts (Cross- Vesting)Act 1987 (Cth) Cases Cited: Eberstaller v Poulos [2014] NSWCA 211, Perlman v Perlman (1984) 155 CLR 474, Bate v Priestley (1989) 97 FLR 310 and Sewell v Wilson (2010) 242 FLR 402 Category: Principal judgment Parties: Mitalben Sanjaykumar Patel (Plaintiff) Sanjaykumar Keshavlal Patel (1st Defendant) Manishkumar Keshavlal Patel (2nd Defendant) Patel Brothers (Australia) Pty Ltd (3rd Defendant) Representation: Counsel: Mr G.W. Stapleton (Plaintiff) Ms R. Withana (1st and 2nd Defendants)

Solicitors: Armstrong Legal (Plaintiff) N/A (1st and 2nd Defendants) File Number(s): 2013/382966