Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Palm Springs Limited v Darling [2002] FCAFC 239 PRACTICE AND PROCEDURE – initiating Federal Court proceeding with purpose of having it cross-vested to Supreme Court of New South Wales to facilitate hearing of related Industrial Relations Commission and Supreme Court proceedings in the same forum – whether abuse of process
Jurisidiction of Courts (Cross-Vesting) Act 1987 (NSW) s 8 Jurisdiction of Court (Cross-Vesting) Act 1987 (Cth) s 5(4) Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 at 219 cited The Bell Group Ltd v Westpac Banking Corporation (2000) 104 FCR 305 at 328 cited Williams v Spautz (1992) 174 CLR 509 applied The Bell Group (in liquidation) v Westpac Banking Corporation (1996) 20 ACSR 762 at 774 cited Bankinvest AG v Seabrook (1988) 14 NSWLR 711 at 725 followed Resarta Pty Ltd v Finemore [2002] NSWSC 75 cited PALM SPRINGS LIMITED v MARK HAROLD DARLING N1396 of 2001 HEEREY, EMMETT AND DOWSETT JJ SYDNEY 23 AUGUST 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1396 OF 2001
On appeal from a single Judge of the Federal Court of Australia
BETWEEN: PALM SPRINGS LIMITED
APPELLANT
AND: MARK HAROLD DARLING
RESPONDENT
JUDGE: HEEREY, EMMETT AND DOWSETT JJ
DATE OF ORDER: 23 AUGUST 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the applicant have leave to appeal; 2. upon the filing of a notice of appeal in the form of the draft notice of appeal annexed to the affidavit of Richard Frederick Lund sworn 22 March 2002: a. the appeal be allowed; b. the order of Tamberlin J made on 19 March 2002 be set aside and in lieu thereof, it be ordered that the respondent's motion by notice dated 12 November 2001 be dismissed; and c. the respondent pay the appellant's costs of the appeal and the application for leave, including any reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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