May v Costaras [2023] NSWSC 405

May v Costaras [2023] NSWSC 405

The notice of motion was dismissed because the Court had no power to transfer the proceedings to the Federal Magistrates Court; no order transferring the proceedings to the Family Court was sought and such an order could not presently be made because the plaintiff's claim was purely equitable and no Family Law Act cross-claim or separate proceeding was on foot; the asset restraint orders were not available because the defendant sought no final relief in the proceedings; and the sale orders were final relief that could only be granted, if at all, after determination in the defendant's favour.

Jurisdiction
Australia
Judgment Date
13 April 2023
Procedural Posture
Equity Proceedings; Procedural Ruling on Notice of Motion / Interlocutory Notice of Motion Filed 1 February 2023
Outcome
The defendant's notice of motion filed 1 February 2023 is dismissed with costs.
Legal Topics
['cross Vesting' 'transfer of Proceedings' 'stay of Proceedings' 'constructive Trust' 'interlocutory Injunction' 'de Facto Relationship Property Relief']
['civil Procedure' 'equity' 'family Law'] ['cross Vesting' 'transfer of Proceedings' 'stay of Proceedings' 'constructive Trust' 'interlocutory Injunction' 'de Facto Relationship Property Relief']

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Procedural Posture

Equity Proceedings; Procedural Ruling on Notice of Motion / Interlocutory Notice of Motion Filed 1 February 2023

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales could transfer the proceedings to the Federal Magistrates Court, now known as the Federal Circuit and Family Court of Australia.' 'Whether the proceedings should be stayed or transferred in circumstances where no Family Law Act cross-claim or separate proceedings had been commenced.' 'Whether the defendant should obtain orders restraining the plaintiff from dealing with property and other assets when she sought no final relief in the proceedings.' 'Whether the defendant could obtain orders for sale of the Scott Street Property on an interlocutory motion.']

Ratio Decidendi

The notice of motion was dismissed because the Court had no power to transfer the proceedings to the Federal Magistrates Court; no order transferring the proceedings to the Family Court was sought and such an order could not presently be made because the plaintiff's claim was purely equitable and no Family Law Act cross-claim or separate proceeding was on foot; the asset restraint orders were not available because the defendant sought no final relief in the proceedings; and the sale orders were final relief that could only be granted, if at all, after determination in the defendant's favour.

Court Disposition

The defendant's notice of motion filed 1 February 2023 is dismissed with costs.

Orders

  • ["The defendant's notice of motion filed 1 February 2023 is dismissed with costs."]