BL & GY International Co Limited v Hypec Electronics Pty Limited [1999] NSWSC 447

BL & GY International Co Limited v Hypec Electronics Pty Limited [1999] NSWSC 447

The proceedings have common issues and witnesses with the Family Court matter concerning property and company affairs between the parties. In the interests of justice and judicial economy, they should be heard together. No grounds exist for maintaining the injunction without evidence of improper asset disposal.

Parties
Plaintiff / First Respondent: BL & GY International Co Limited; Second Defendant / Applicant: Colin Mead
Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Notice of Motion / Application for Transfer and Related Orders; Judgment
Outcome
Application granted
Legal Topics
Cross Vesting of Proceedings, Jurisdiction, Injunction, Property Settlement
Civil Procedure Family Law Cross Vesting of Proceedings Jurisdiction Injunction Property Settlement

Case Brief

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Parties

BL & GY International Co Limited

Plaintiff / First Respondent

Colin Mead

Second Defendant / Applicant

Procedural Posture

Notice of Motion / Application for Transfer and Related Orders; Judgment

Legal Issues

  1. 1 Whether Supreme Court proceedings should be transferred to Family Court under cross-vesting legislation
  2. 2 Whether injunction restraining transfer or encumbrance of assets should be dissolved

Ratio Decidendi

The proceedings have common issues and witnesses with the Family Court matter concerning property and company affairs between the parties. In the interests of justice and judicial economy, they should be heard together. No grounds exist for maintaining the injunction without evidence of improper asset disposal.

Court Disposition

Application granted

Orders

  • The injunction granted on 9 December 1998 is dissolved.
  • Proceedings 12674/97 are transferred to the Family Court of Australia, Sydney Registry pursuant to s 5(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987.