Gao v Perry [2020] NSWCA 15

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gao v Perry [2020] NSWCA 15 Hearing dates: 11 February 2020 Decision date: 19 February 2020 Before: Bell P at [1]; Leeming JA at [2]; Simpson AJA at [37]. Decision: 1. Proceeding transferred to Family Court of Australia.

2. Otherwise dismiss notice of motion filed 4 December 2020. Catchwords: COURTS - jurisdiction - proceedings between former de facto partners in Supreme Court concerning ownership of property – primary claim in equity – alternative claim under Family Law Act 1975 (Cth) – primary judge upholds claims in equity and makes contingent findings under Family Law Act – defendant files appeal confined to challenging orders based in equity – plaintiff/respondent files notice of contention based on Family Law Act contingent findings – whether appeal lay to Court of Appeal – whether even if appeal required to be instituted in Court of Appeal, notice of contention required its transfer to Family Court – prohibition on instituting and determining certain appeals in Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 7 construed and applied – appeal transferred to Family Court Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Family Law Act 1975 (Cth), ss 90SM, 90UB Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7 Cases Cited: Boensch v Pascoe [2016] NSWCA 191; 349 ALR 193 Corbett v Nguyen [2019] NSWCA 191 Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211 Grace v Grace (2014) 85 NSWLR 688; [2014] NSWCA 86 Perry v Gao [2019] NSWSC 1022 Category: Principal judgment Parties: Min Gao (Appellant; applicant on motion) Graham Perry (Respondent to appeal and to motion) Representation: Counsel: V Bedrossian (Ms Gao) B Zipser (Mr Perry) M G Sexton SC SG and E Jones (Attorney-General for NSW, written submissions as amicus)