Nguyen v Corbett (No 3) [2018] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Corbett (No 3) [2018] NSWSC 890 Hearing dates: 12 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Equity Before: Parker J Decision: At [52] Catchwords: LAND LAW – Conveyancing Act 1919 (NSW), s 37A – voidable dispositions – order that property be made available to meet debts – form of consequential orders

CIVIL PROCEDURE – orders for property to be made available to meet debts – stay of enforcement – where proposed cross-claim for property settlement proceedings under the Family Law Act 1975 – appeal Legislation Cited: Conveyancing Act 1919 (NSW), s 37A Family Law Act 1975 (Cth), ss 75, 79, 79A, 90AC, 90AE Cases Cited: Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Nguyen v Corbett [2017] NSWSC 1689 Nguyen v Corbett (No 2) [2018] NSWSC 441 Semmens v Commonwealth (1989) 99 FLR 294 Category: Procedural and other rulings Parties: Ai Nhon Nguyen (Plaintiff) Avelina Corbett (First Defendant) James Edmund Corbett (Second Defendant) Representation: Counsel: RW Tregenza (Plaintiff) IR Coleman SC/SM Foda (First Defendant)

Solicitors: GJ Gooden (Plaintiff) Hicksons Lawyers (First Defendant) File Number(s): 2015/226458 Publication restriction: Nil

Judgment 1. On 12 April I handed down my second decision in these proceedings, in which I made final orders: Nguyen v Corbett (No 2) [2018] NSWSC 441. The orders gave effect to my substantive decision in the proceedings, handed down in December 2017: Nguyen v Corbett [2017] NSWSC 1689. This judgment deals with three consequential issues arising from my second decision. References to orders are to orders made on 12 April.