Discobell Pty Ltd v Franky Jay Pty Ltd [2016] NSWSC 437

Discobell Pty Ltd v Franky Jay Pty Ltd [2016] NSWSC 437

It is not in the interests of justice to transfer the proceedings to the Family Court as the issues in the Supreme Court are discrete, within its area of speciality, and not joined with parties or issues in the Family Court; security for costs is appropriately ordered given plaintiffs have assets held on trust and no evidence of indemnity for adverse costs; an order for separate determination is premature as factual/credit issues are not yet clear.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Equity / Interlocutory Motions
Outcome
Interlocutory motions determined, transfer application dismissed, security for costs ordered, separate determination and subpoena motions stood over or dismissed.
Legal Topics
['security for Costs' 'cross Vesting' 'separate Determination' 'subpoena' 'costs']
['civil Procedure' 'equity'] ['security for Costs' 'cross Vesting' 'separate Determination' 'subpoena' 'costs']

Case Brief

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Procedural Posture

Equity / Interlocutory Motions

Legal Issues

  1. 1 ['Should proceedings be transferred to the Family Court under Jurisdiction of Courts (Cross-vesting) Act 1987?' 'Should security for costs be ordered under Uniform Civil Procedure Rules 2005 and Corporations Act 2001?' 'Should the Cross-Summons be determined separately?' 'Should the subpoena to NSW Police Force be set aside?']

Ratio Decidendi

It is not in the interests of justice to transfer the proceedings to the Family Court as the issues in the Supreme Court are discrete, within its area of speciality, and not joined with parties or issues in the Family Court; security for costs is appropriately ordered given plaintiffs have assets held on trust and no evidence of indemnity for adverse costs; an order for separate determination is premature as factual/credit issues are not yet clear.

Court Disposition

Interlocutory motions determined, transfer application dismissed, security for costs ordered, separate determination and subpoena motions stood over or dismissed.

Orders

  • ["Plaintiffs' motion to set aside subpoena stood over with liberty to apply on two days' notice." 'No order as to costs for subpoena motion.' "Plaintiffs' motion for separate determination of Cross-Summons dismissed." "Plaintiffs to pay defendants' costs of motion for separate determination." "Defendants' motion for...