Glenella One Pty Limited v Duncan [2015] NSWSC 165

Supreme Court New South Wales

Medium Neutral Citation: Glenella One Pty Limited v Duncan [2015] NSWSC 165 Hearing dates: 27 February 2015 Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1)The application for transfer of these proceedings to the Family Court is refused. (2)The proceedings are stayed until further order, pending the Family Court's determination of Glenella's application to be removed as a party to those proceedings. (3)The parties have liberty to have the matter restored to the list on 3 days' notice. (4)Costs are reserved. Catchwords: PROCEDURE – notice of motion – order sought under s 5(1) of the Jurisdiction of courts (Cross Vesting) Act 1987 (NSW) that these proceedings be transferred to the Family Court of Australia – order refused – application for stay – stay granted Legislation Cited: Civil Procedure Act 2005 (NSW) Family Law Act 1975 (Cth) Jurisdiction of courts (Cross Vesting) Act 1987 (NSW) Real Property Act 1900 (NSW) Cases Cited: Valceski v Valceski [2007] NSWSC 440 Category: Procedural and other rulings Parties: Glenella One Pty Ltd ACN 158 632 976 (Plaintiff/Second Cross-Defendant) Andrew David Duncan (First Defendant/First Cross-Claimant) White Turtle Pty Ltd ACN 108 030 137 (Second Defendant/First Cross-Defendant) Morten Weaver (Third Defendant/Fourth Cross-Defendant) Jane Duncan (Fourth Cross-Defendant) Representation: Counsel: Mr T Lynch SC with Mr M Klooster (Plaintiff/Second Cross-Defendant) Mr G W McGrath SC with Mr A Katsoulas (First Defendant/First Cross-Claimant) Mr P Afshar (Care Guardian for Ms Duncan)