Life Image Medical (Gold Coast) Pty Ltd v Chimborazo Pty Ltd (as trustee for the Advanced Orthopaedic Property Unit Trust) [2014] NSWSC 1928

Supreme Court New South Wales

Medium Neutral Citation: Life Image Medical (Gold Coast) Pty Ltd v Chimborazo Pty Ltd (as trustee for the Advanced Orthopaedic Property Unit Trust) [2014] NSWSC 1928 Hearing dates: 14 November 2014 Date of orders: 14 November 2014 Decision date: 14 November 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Upon the undertaking of the plaintiff that it will not rely on the orders made in these proceedings as founding any res judicata or estoppel or otherwise affecting the wife's application in the Family Court of Australia to set aside the transfer to the plaintiff of the subject units the court orders that:

1. the defendant rectify the unit register of the Advanced Orthopaedic Property Unit Trust and unit certificate 17 of that trust so as to record the plaintiff, Life Image Medical (Gold Coast) Pty Limited in place of Life Image Medical (Qld) Pty Limited as the registered holder of the subject 244,500 units;

2. the summons be otherwise dismissed;

3. the plaintiff pay the costs of the applicant, Lisa Catherine Slater, of the motion filed 1 October and amended 14 October 2014; and

4. the defendant pay 50 per cent of the plaintiff's costs of the proceedings not including the costs payable by the plaintiff to the applicant wife under order 3. Catchwords: PROCEDURE – miscellaneous procedural matters – transfer of proceedings under Jurisdiction of Courts (Cross-Vesting Act) – to Family Court – where resolution of proceedings in which party to Family Court proceedings has no standing may affect outcome of Family Court proceedings – where issue in proceedings is clearcut and transfer would increase costs – where undertaking given not to raise estoppel in Family Law proceedings – transfer refused and order made. Legislation Cited: (Cth) Family Law Act, s 106B (Cth) Jurisdiction of Courts (Cross-Vesting Act) 1987 Cases Cited: Lederer v Hunt (2007) 208 FLR 120 Mattock v Mattock (1989) 97 FLR 112 Texts Cited: Life Image Medical (Gold Coast) Pty Ltd (plaintiff) Chimborazo Pty Ltd as trustee for The Advanced Orthopaedic Property Unit Trust (defendant) Lisa Catherine Slater (applicant) Category: Principal judgment Parties: Life Image Medical (Gold Coast) Pty Ltd (plaintiff) Chimborazo Pty Ltd as trustee for The Advanced Orthopaedic Property Unit Trust (defendant) Lisa Catherine Slater (applicant) Representation: Counsel: S T White SC (applicant) M Klooster w M Fantin (plaintiff) N Beaumont SC w JD Williams (defendant) C Latham (Trustee in Bankruptcy)