Elford v Minty (No. 2) [2017] NSWSC 1643

Elford v Minty (No. 2) [2017] NSWSC 1643

The proceedings should be transferred to the Family Court due to the strong interrelationship between the alleged de facto relationship and partnership/joint venture issues, the legislative intention for such matters to be resolved in the Family Court, and to avoid fragmentation and prolongation of litigation. However, transfer is stayed pending receipt and adoption of Dr Ferrier's report.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Civil / Post Application for Transfer; Consequential Orders
Outcome
Proceedings to be transferred to Family Court of Australia; transfer stayed pending referee's report; costs orders made.
Legal Topics
['cross Vesting' 'jurisdiction' 'transfer of Proceedings' 'de Facto Relationships' 'partnership Dispute' 'property Settlement' 'joint Venture']
['civil Procedure' 'family Law' 'equity'] ['cross Vesting' 'jurisdiction' 'transfer of Proceedings' 'de Facto Relationships' 'partnership Dispute' 'property Settlement' 'joint Venture']

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Procedural Posture

Civil / Post Application for Transfer; Consequential Orders

Legal Issues

  1. 1 ['Should the proceedings be transferred from the Supreme Court of NSW to the Family Court of Australia?' 'Was there a de facto relationship between Mr Minty and Mr Elford?' 'Are issues of partnership, joint venture, winding up, accounting, and loan recovery appropriately decided in one Court?' "Should adoption of Dr Ferrier's report affect timing of transfer?"]

Ratio Decidendi

The proceedings should be transferred to the Family Court due to the strong interrelationship between the alleged de facto relationship and partnership/joint venture issues, the legislative intention for such matters to be resolved in the Family Court, and to avoid fragmentation and prolongation of litigation. However, transfer is stayed pending receipt and adoption of Dr Ferrier's report.

Court Disposition

Proceedings to be transferred to Family Court of Australia; transfer stayed pending referee's report; costs orders made.

Orders

  • ["Order that the costs of the application determined on 27 October 2017 will be the successful party's costs in the cause." 'Order that the whole of these proceedings be transferred to the Family Court of Australia under the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 5(1)(b).' "Stay Order 2 until the...