In the matter of Peter G Ward Industries Pty Limited [2020] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Peter G Ward Industries Pty Limited [2020] NSWSC 339 Hearing dates: 30 March 2020 Decision date: 01 April 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Transfer proceedings to Family Court of Australia Catchwords: COURT – application to transfer oppression suit from Corporations List to Family Court – s. 1337H Corporations Act 2001 (Cth) – principles at [22]-[31] – whether in the interests of justice – parties same in both proceedings – proceedings equally advanced – a third proceedings not proposed to be transferred – oppression suit likely to be determined first – overlap in issues – risk of inconsistent findings– Family Court has jurisdiction to determine all issues while this Court does not – any benefit by early determination of oppression suit simplifying issues in Family Court outweighed by additional costs and dislocation of multiple proceedings – capital gains tax exemptions for Family Court orders – proceedings transferred Legislation Cited: Corporations Act 2001 (Cth), ss 232, 233, 1337C(1), 1337H, 1337H(1)(b)(ii), 1337H(2) Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 6, 8 Family Law Act 1975 (Cth), ss 79, 79(4), 106B, 117(1), 121, 121(1) Income Tax Assessment Act 1997 (Cth), ss 101-10(1)-(2), 126-5 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 Burman v Zillman [2017] NSWSC 229 Gallieni v Gallieni [2011] FamCA 791 Hancock Prospecting Pty Limited v 150 Investments Pty Limited (2017) 120 ACSR 495; [2017] FCA 520 In the matter of PJL Group Pty Limited [2018] NSWSC 756 In the matter of Scientific Management Associates Pty Ltd [2019] NSWSC 1643 Re Tech Universal (HK-Macau) Development Pty Ltd v Tech Universal (HK-Macau) Development Pty Ltd (2005) 53 ACSR 704; [2005] FCA 256 Roff v Aqua Distributors Pty Ltd (1996) 14 ACLC 1769; (1996) 22 ACSR 248 Vaughan v Frost [2010] NSWSC 492 Webster Consolidated (Holdings) Pty Limited [2016] NSWSC 376 Yara Pilbara Fertilisers Pty Limited v Oswal (No 8) [2015] FCA 49 Category: Procedural and other rulings Parties: James Dunphy (Plaintiff) Peter G Ward Industries Pty Ltd (First Defendant) Julia Ward (Second Defendant) P Ward Management Pty Ltd (Third Defendant) JPWI Pty Limited (Fourth Defendant) Darlington Ward Pty Ltd (Fifth Defendant) Nullus Pty Ltd (Sixth Defendant) Huggenstown Pty Ltd (Seventh Defendant) Representation: Counsel: Mr RD Glasson (Plaintiff) Mr D Price (First Defendant) Mr May (Second and Fourth Defendants) Mr Shaw (Third, Fifth, Sixth and Seventh Defendants)