CROSS VESTING — where first and second defendants previously married — where matrimonial home purchased with monies loaned to first defendant from a trust of which he was a beneficiary — where loan secured by mortgage and further secured by guarantee of the second defendant — where marriage broke down — where parties entered into binding financial agreement — where default under agreement — where first defendant brought proceedings in Family Court for orders setting aside agreement and consequential orders in relation to the property — where trustees brought proceedings in Supreme Court against both defendants for possession of the property — whether possession proceedings commenced in the Supreme Court should be transferred to Family Court — whether Family Court had jurisdiction to determine issues in the possession proceedings — whether it was in the interests of justice to make an order transferring the proceedings
Case Details
Citation[2013] NSWSC 1488
CourtNSWSC
JurisdictionNew South Wales
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