Robert Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton v Watton [2018] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Robert Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton v Watton [2018] NSWCA 277 Hearing dates: 3 July 2018 Decision date: 20 November 2018 Before: McColl JA; Leeming JA; Sackville AJA Decision: 1. Refuse leave to the applicant to amend his summons seeking leave.

2. Dismiss the summons seeking leave to appeal.

3. Applicant to pay 50% of the respondent's costs in this Court. Catchwords: APPEAL – application for leave to appeal on costs – application to amend to expand appeal to challenge to order on points inconsistent with stance taken before primary judge – amendment refused – no question of principle or public importance or reasonably clear injustice

JURISDICTION – primary judge granted interlocutory relief extending caveat over property owned by trustee in bankruptcy – trustee appealed from subsequent costs order – whether application for leave to appeal from costs order amounted to a "matter in bankruptcy" – Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5) considered Legislation Cited: Bankruptcy Act 1966 (Cth), s 27 Judiciary Act 1903 (Cth), s 79 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), ss 3, 6, 7 Real Property Act 1900 (NSW), s 74K Supreme Court Act 1970 (NSW), s 101(2) Cases Cited: Be Financial Pty Ltd, as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd (2013) 86 NSWLR 115; [2013] NSWCA 392 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Felton v Mulligan (1971) 124 CLR 367; [1971] HCA 39 John Robertson & Co Ltd (in liq) v Ferguson Transformers Pty Ltd (1973) 129 CLR 65; [1973] HCA 21 Leroy v Koutavas, in the matter of Koutavas (No 2) [2017] FCA 912 Luxottica Retail Australia Pty Ltd v Grant [2009] NSWCA 378 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Rizeq v Western Australia [2017] HCA 23; 91 ALJR 707 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Watton v Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton [2017] NSWSC 1598 Category: Principal judgment Parties: Robert Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton (Applicant) Charlene Watton (Respondent) Representation: Counsel: S Hartford-Davis (Applicant) S Golledge and S Lipp (Respondent)