Discobell Pty Ltd v Franky Jay Pty Ltd [2016] NSWSC 437

Supreme Court New South Wales

Medium Neutral Citation: Discobell Pty Ltd v Franky Jay Pty Ltd [2016] NSWSC 437 Hearing dates: 8 April 2016 Decision date: 15 April 2016 Jurisdiction: Equity Before: Meagher JA Decision: 1. Order the plaintiffs' motion dated 12 February 2016 (to set aside the subpoena) be stood over with liberty to either party to apply on two days' notice. 2. No order as to the costs of the motion in order 1. 3. Order the plaintiffs' motion dated 6 April 2016 (for a separate determination of the Cross-Summons) be dismissed. 4. Order the plaintiffs pay the defendants' costs of the motion in order 3. 5. Order the defendants' motion dated 31 March 2016 (for transfer to the Family Court) be dismissed. 6. Order the defendants pay the plaintiffs' costs of the motion in order 5. 7. Order in relation to the defendants' motion dated 11 December 2015 (for security for costs): (a) that the plaintiffs give security for the costs of the defendants in a form acceptable to the Registrar as follows: (i) in the sum of $65,000 within 28 days of the date of these orders; and (ii) in the sum of $65,000 no less than 28 days prior to the date fixed for hearing. (b) order that, if security is not given in accordance with order 7(a), the proceedings be stayed. 8. Order the plaintiffs pay the defendants' costs of the motion in order 7. Catchwords: PROCEDURE – application to transfer proceedings to the Family Court under Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 5(1) – whether in interests of justice – where subject matter within speciality of this Court, issues discrete, and no risk of conflicting findings or orders, or the duplication of costs – application refused