James & Ors v James (No. 2) [2019] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: James & Ors v James (No. 2) [2019] NSWSC 116 Hearing dates: 3 October, 6 and 23 November 2018 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Common Law Before: Slattery J Decision: Proceedings to remain in the Supreme Court of New South Wales to decide issues of apportionment between co-owners of the Property. Catchwords: TRUSTEES - trustees for sale – trustees for sale appointed under the Conveyancing Act 1919, s 66G - dispute between co-owners and trustees concerning the reasonableness of the trustees' costs, expenses and remuneration – whether particular costs, expenses and remuneration of the trustees should be allowed – no issue as to the honesty of the trustees or the propriety of their incurring the costs in question.

CROSS VESTING – Jurisdiction of Courts (Cross-Vesting) Act 1987, s 6(3) – proceedings between co-owners of property under the Conveyancing Act 1919, s 66G for the appointment of trustees for sale – trustees for sale appointed – disputes arose among the co-owners and between some of the co-owners and the trustees for sale – costs incurred by the trustees for sale in resolving those disputes – delay occasioned in the sale of the property as a result of the disputes – one co-owner made bankrupt after appointment of trustees for sale – property sold - trustees for sale have concluded their work and seek payment of their costs and expenses from the proceeds of sale – the apportionment of the trustees' costs among the co-owners, including the bankrupt co-owner constitutes a "special federal matter" under the Jurisdiction of Courts (Cross-Vesting) Act 1987 – whether the proceedings should remain in the Supreme Court of New South Wales or be remitted to the Federal Court of Australia or the Federal Circuit Court of Australia under the Jurisdiction of Courts (Cross Vesting) Act – whether there are special circumstances for retaining the matter in the Supreme Court of New South Wales – whether the administration of justice is better served by retaining or transferring the proceedings – how the convenience of the parties should be considered in the exercise of the Court's discretion under the Jurisdiction of Courts (Cross-Vesting) Act, s 6(3). Legislation Cited: Bankruptcy Act 1966 (Cth), s 58 Conveyancing Act 1919, s 66G Jurisdiction of Courts (Cross-Vesting) Act 1987, s 6 Cases Cited: Anson v Anson (2004) 12 BPR 22,303 Beddoe, In re; Downes v Cottam [1893] 1 Ch 547 Bennett, In re; Jones v Bennett [1896] 1 Ch 778 Cordes as Trustee for George v Dr Peter Ironside Pty Ltd [2010] 2 Qd R 235 Coshott v Amirbeaggi [2016] FCA 966 Henry v Hancock [2016] NSWSC 71 Hopkins v Director General of Security [2014] NSWSC 281 In the matter of Galtari Pty Ltd (in liq) [2018] NSWSC 917 James & Ors v James [2018] NSWSC 316 Meriton Apartments Pty Ltd v Industrial Court of New South Wales (2008) 171 FCR 380 Perpetual Trustee Co Ltd v Attorney-General of New South Wales (Will of Hon Nesbitt) [2018] NSWSC 1456 Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545 Category: Costs Parties: First plaintiff: Geoffrey Reginald James Second plaintiff: Peter Charles James Third plaintiff: Stephen Robert James Defendant: Jennifer Elizabeth James Trustees: Stephen Brotherson and Simon Cathro Trustee in Bankruptcy/Second Defendant: Shabnam Amirbeaggi Representation: Counsel: