Douglas v Kik; Douglas v Kekatos [2020] NSWSC 1734

Douglas v Kik; Douglas v Kekatos [2020] NSWSC 1734

Although the Supreme Court cross-claim against Ms Trudy Douglas overlapped with matters relevant to the Family Court property proceedings, the separate proceedings against Mr Kekatos raised issues that might not fall within the Family Court's jurisdiction and there was good reason for those proceedings to be heard with the cross-claim. On a fine balance, the interests of justice were better served by dismissing the cross-vesting motion, hearing the Supreme Court cross-claim together with the proceedings against Mr Kekatos, and expediting those Supreme Court proceedings before the Family Court hearing.

Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Civil Procedure; Cross Vesting Application / Motion Seeking Transfer of Supreme Court Proceedings to the Family Court of Australia and Related Case Management Orders
Outcome
Cross-vesting motion dismissed; Supreme Court cross-claim and proceedings against Mr Kekatos ordered to be heard together and expedited.
Legal Topics
['application to Transfer Proceedings to Family Court of Australia' 'interests of Justice' 'avoidance of Multiplicity of Proceedings' 'risk of Inconsistent Findings' 'hearing Proceedings Together' 'expedition and Special Case Management']
['civil Procedure' 'cross Vesting' 'family Law' 'professional Negligence'] ['application to Transfer Proceedings to Family Court of Australia' 'interests of Justice' 'avoidance of Multiplicity of Proceedings' 'risk of Inconsistent Findings' 'hearing Proceedings Together' 'expedition and Special Case Management']

Case Brief

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Procedural Posture

Civil Procedure; Cross Vesting Application / Motion Seeking Transfer of Supreme Court Proceedings to the Family Court of Australia and Related Case Management Orders

Legal Issues

  1. 1 ['Whether, under s 5(1) of the Jurisdiction of Court (Cross-vesting) Act 1987 (NSW), it was more appropriate in the interests of justice that the Supreme Court proceedings be determined by the Family Court of Australia.' "Whether the cross-claim by Ms Janina Kik and Mr David Anthony James against Ms Trudy Douglas should be heard together with Ms Trudy Douglas's proceedings against Mr Jim Kekatos." 'Whether the interests of justice were better served by transfer to the Family Court or by retaining, hearing together and expediting the Supreme Court proceedings.']

Ratio Decidendi

Although the Supreme Court cross-claim against Ms Trudy Douglas overlapped with matters relevant to the Family Court property proceedings, the separate proceedings against Mr Kekatos raised issues that might not fall within the Family Court's jurisdiction and there was good reason for those proceedings to be heard with the cross-claim. On a fine balance, the interests of justice were better served by dismissing the cross-vesting motion, hearing the Supreme Court cross-claim together with the proceedings against Mr Kekatos, and expediting those Supreme Court proceedings before the Family Court hearing.

Court Disposition

Cross-vesting motion dismissed; Supreme Court cross-claim and proceedings against Mr Kekatos ordered to be heard together and expedited.

Orders

  • ['Motion of 31 May 2019 of Ms Janina Kik and Mr David Anthony James seeking cross-vesting orders be dismissed.' 'The first cross-claim in proceedings 2016/00103090, being proceedings in which Ms Janina Kik and Mr David Anthony James seek damages against Ms Trudy Douglas, be heard together with proceedings...