Girnal Holdings Pty Ltd & Anor v Leighton Properties Pty Ltd [1983] FCA 108

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CATCHWORDS

PRACTICE AND PROCEDURE ~ course to be adopted with respect to trial of proceedings involving jurisdictional question - Federal Court's jurisdiction to deal with non-federal counter-claims (specific performance) - "matter" - exclusivity of jurisdiction - question soon to be considered by the High Court - undesirability of a single judge dealing with jurisdictional questions likely to be considered by the High Court - notices under s.78B Judiciary Act on trial not to proceed until High Court's ruling - early hearing date if

parties subsequently proceed in the Federal Court

Trade Practices Act Judiciary Act, s.78B

The following unreported decisions considered -

Fencott v. Muller (High Court) Stack & Ors v. Coast Securities (No. 9) Pty Ltd (Federal Court)

Bargal Pty Ltd v. Force (30.3.1983) (Supreme Court) Bargal Pty Ltd v. Force (13.5.1983) (Supreme Court)

GIRNAL HOLDINGS PTY LTD (First Applicant) and MICIIAEL ROBERT SHARP and MARY MARGARET SHARP (Second Applicants) v. LEIGHTON PROPERTIES PTY LIMITED

Qld G6 and G21 of 1983

FITZGERALD J. BRISBANE 31 MAY 1983

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION )

Qld G6 of 1983 Qld G21 of 1983

BETWEEN:

GIRNAL HOLDINGS PTY LTD

First Applicant

AND: MICHAEL ROBERT SHARP and MARY MARGARET SHARP Second Applicants AND: LEIGHTON PROPERTIES PTY LIMITED Respondent ORDER JUDGE MAKING ORDER: PITZGERALD J. DATE OF ORDER: 30 MAY 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The trial of these proceedings will not

proceed on 15 June 1983.

2. The proceedings be adjourned generally but may be restored for further directions at any time

on short notice.

3. No order as to costs.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) Qld G6 of 1983 GENERAL DIVISION ) Qld G21 of 1983 BETWEEN:

GIRNAL HOLDINGS PTY LTD First Applicant