Sultan v Dabboussi [2024] NSWSC 683

Sultan v Dabboussi [2024] NSWSC 683

Where a civil proceeding in the Supreme Court concerning third party proprietary interests in matrimonial property is closely connected in facts and issues to pending Family Law Act proceedings, and the FCFCA has jurisdiction over both the matrimonial parties and third parties with such claims, the interests of justice require transfer so all issues can be resolved in one forum, avoiding duplication, inconsistent outcomes, and inefficiency.

Parties
Plaintiff: Mahdi Sultan; First Defendant: Ahmad Dabboussi; Second Defendant: Zam Zam Operations Pty Ltd; Third Defendant: Halal 2 U Pty Ltd
Jurisdiction
Australia
Judgment Date
05 June 2024
Procedural Posture
Civil (equity) / Procedural Ruling on Transfer Before Listed Final Hearing
Outcome
Proceedings transferred to Federal Circuit and Family Court of Australia (Division 2); Supreme Court hearing vacated; costs reserved.
Legal Topics
Cross Vesting of Jurisdiction, Transfer of Proceedings, Proprietary Interests in Matrimonial Property, Third Party Claims in Family Law, Misleading or Deceptive Conduct, Restitution
Civil Procedure Family Law Equity Cross Vesting of Jurisdiction Transfer of Proceedings Proprietary Interests in Matrimonial Property Third Party Claims in Family Law Misleading or Deceptive Conduct +1 more

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Parties

Mahdi Sultan

Plaintiff

Ahmad Dabboussi

First Defendant

Zam Zam Operations Pty Ltd

Second Defendant

Halal 2 U Pty Ltd

Third Defendant

Procedural Posture

Civil (equity) / Procedural Ruling on Transfer Before Listed Final Hearing

Legal Issues

  1. 1 Whether the Supreme Court of NSW proceedings, involving claims to proprietary and equitable interests in matrimonial property, should be transferred to the Federal Circuit and Family Court of Australia (Division 2) to be heard with existing family law proceedings
  2. 2 Whether the FCFCA has jurisdiction to determine such proceedings involving third party claims and cross-claims relating to property the subject of Part VIII and s 79 Family Law Act 1975 (Cth) proceedings
  3. 3 Whether the interests of justice require transfer

Ratio Decidendi

Where a civil proceeding in the Supreme Court concerning third party proprietary interests in matrimonial property is closely connected in facts and issues to pending Family Law Act proceedings, and the FCFCA has jurisdiction over both the matrimonial parties and third parties with such claims, the interests of justice require transfer so all issues can be resolved in one forum, avoiding duplication, inconsistent outcomes, and inefficiency.

Court Disposition

Proceedings transferred to Federal Circuit and Family Court of Australia (Division 2); Supreme Court hearing vacated; costs reserved.

Orders

  • Order pursuant to s 5(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) that these proceedings be transferred to the Federal Circuit and Family Court of Australia (Division 2), with a view to being heard and determined together with proceedings (P)SYC5897/2021 in that Court.
  • Order that the costs of these proceedings to date are reserved for determination by the Federal Circuit and Family Court of Australia.