Cisera v Cisera Holdings Pty Ltd [2016] NSWCA 319

Cisera v Cisera Holdings Pty Ltd [2016] NSWCA 319

There were no special circumstances to warrant transferring the proceedings to the Court of Appeal. The absence of a contradictor and the benefit of a judgment at first instance weigh against removal. The matter should proceed at first instance before the Equity Division.

Parties
First Applicant: Mario Natale Cisera; Second Applicant: John Anthony Cisera; Respondent: Cisera Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Consequential Orders (other Than Costs) / Determination of Notice of Motion on the Papers
Outcome
Paragraph 1 of the notice of motion filed 10 October 2016 is dismissed. Proceedings to be listed at a date to be fixed before a Registrar in the Equity Division. No order as to costs.
Legal Topics
Removal Into Court of Appeal, Application to Vary Vesting Date in Trust Deed, Appointment of Contradictor, Special Circumstances for Removal
Practice and Procedure Equity Removal Into Court of Appeal Application to Vary Vesting Date in Trust Deed Appointment of Contradictor Special Circumstances for Removal

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Parties

Mario Natale Cisera

First Applicant

John Anthony Cisera

Second Applicant

Cisera Holdings Pty Limited

Respondent

Procedural Posture

Consequential Orders (other Than Costs) / Determination of Notice of Motion on the Papers

Legal Issues

  1. 1 Whether the proceeding should be transferred to the Court of Appeal
  2. 2 Whether special circumstances exist to justify removal
  3. 3 Whether the absence of a contradictor affects proceeding

Ratio Decidendi

There were no special circumstances to warrant transferring the proceedings to the Court of Appeal. The absence of a contradictor and the benefit of a judgment at first instance weigh against removal. The matter should proceed at first instance before the Equity Division.

Court Disposition

Paragraph 1 of the notice of motion filed 10 October 2016 is dismissed. Proceedings to be listed at a date to be fixed before a Registrar in the Equity Division. No order as to costs.

Orders

  • Dismiss paragraph 1 of the notice of motion filed 10 October 2016.
  • Direct that the proceedings be listed at a date to be fixed before a Registrar in the Equity Division.