Xue v Xue; Xue v Xue [2020] NSWSC 501

Supreme Court New South Wales

Medium Neutral Citation: Xue v Xue; Xue v Xue [2020] NSWSC 501 Hearing dates: 4 May 2020 Decision date: 06 May 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the second defendant's notice of motion filed on 7 February 2020 for transfer of the proceedings to the Family Court.

(2) Order the second defendant to pay the plaintiff's costs of the notice of motion.

(3) Otherwise make no order as to costs.

(4) Direct the second defendant, on or before 20 May 2020, to inform the other parties whether she wishes to remain a party to the proceedings or wishes the proceedings against her to be discontinued.

(5) Direct the defendants, or defendant, as the case may be, to file and serve a defence on or before 27 May 2020.

(6) List the matter before me for directions at 9.15am on 29 May 2020.

(7) Grant liberty to the parties to apply to re-list the matter on 3 days' notice to my Associate. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Family Court of Australia — where proceedings commenced by wife against husband in Family Court of Australia — where money claims subsequently commenced by third party family members in Supreme Court on the basis of documented loan agreements — whether in the interests of justice to transfer money claims to Family Court of Australia – application for transfer refused Legislation Cited: Family Law Act 1975 (Cth), ss 90AE, 106B, 114 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Uniform Civil Procedure Rules (NSW), r 42.1 Cases Cited: Aspinall v Aqua Sports Pty Ltd [2018] NSWSC 706 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Fencott v Muller (1983) 152 CLR 570; [1983] HCA 12 Murray Morgan Investments v Capma Pty Ltd [2016] NSWSC 264 Raftland Pty Ltd v Federal Commissioner of Taxation (2008) 238 CLR 516; [2008] HCA 21 Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198; [2001] NSWCA 142 Snook v London and West Riding Investments Ltd [1967] 2 QB 786 Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440 Category: Principal judgment Parties: 2020/8992 Xiongbin Xue (Plaintiff) Keguang Xue (First Defendant) Haiying Lu (Second Defendant)