Xie v Li [2019] NSWSC 808

Supreme Court New South Wales

Medium Neutral Citation: Xie v Li [2019] NSWSC 808 Hearing dates: 27 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Equity Before: Rein J Decision: (1) Notice of Motion dated 28 September 2018 is dismissed; (2) Defendants to pay the Plaintiff's costs on the ordinary basis, as agreed or assessed. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Family Court of Australia — Relevant factors - Application to transfer proceedings from the Supreme Court to the Family Court where applicant had already filed a cross claim in the Supreme Court – consideration of "the interests of justice" in s 5 of the Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) – respondent's claim (as plaintiff in the Supreme Court) based on seeking to enforce an alleged settlement agreement following earlier litigation concerning a property – applicant's cross claim concerned claims over other assets – whether "interests of justice" to retain the proceedings in the Supreme Court;

FAMILY LAW — Matrimonial cause — Jurisdiction – applicant and respondent separated, awaiting finalisation of divorce – whether Supreme Court has jurisdiction to hear matrimonial causes by reason of s 4 of the Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) - whether a claim to recover the amount owing under a settlement agreement following earlier litigation over matrimonial property would itself be considered a matrimonial cause – whether the property the subject of the dispute can be said to have arisen "out of the marital relationship" as per the definition of "matrimonial cause" in Family Law Act 1975 (Cth) s 4;