In the matter of Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 376

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 376 Hearing dates: 4 March 2016 Decision date: 04 March 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the proceedings be transferred to the Family Court of Australia. Catchwords: PROCEDURE — Orders sought for transfer of proceedings to Family Court of Australia under s 1337H of the Corporations Act 2001 (Cth) – where the proceedings sought to be transferred were in respect of an application to set aside creditor's statutory demand – whether it is in the interests of justice to transfer proceedings – whether transfer will avoid substantial overlap in issues with proceedings in another court – whether transfer will avoid risk of inconsistent findings. Legislation Cited: - Corporations Act 2001 (Cth), ss 58AA, 459H, 459J, 1337H, 1337L, Pt 5.4 - Family Law Act 1975 (Cth), s 121 - Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 5 Cases Cited: - Fletcher v Jones [2015] FamCA 193 - Roff v Aqua Distributors Pty Ltd (1996) 22 ACSR 248 - Valceski v Valceski [2007] NSWSC 440; (2007) 70 NSWLR 36 - Zhu v Tech Universal (HK-Macau) Development Pty Ltd [2005] FCA 256; (2005) 53 ACSR 704 Category: Procedural and other rulings Parties: Webster Consolidated (Holdings) Pty Ltd (Plaintiff) Anthony Hugh Webster (Defendant) Representation: Counsel: I Leong (Plaintiff) R White (Defendant)