Federal Court of Australia
CATCHWORDS
CONSTITUTIONAL LAW - Crown - Binding effect of Commonwealth legislation on Crown in right of Territory - whether Crown in right of Northern Territory bound by Trade Practices Act 1974 - whether statutory body represents Crown - whether Territory Loans Management Corporation (Northern Territory) bound by
Trade Practices Act.
Trade Practices Act 1974, s.2A Territory Loans Management Corporation Act (N.T.) 1986
FEDERAL COURT -— Federal jurisdiction - accrued jurisdiction - claims under Trade Practices Act 1974 - general law claims also made in same proceedings - whether non-federal claims part of same "matter"™ - common substratum of facts - determination of preliminary point oof law that some respondents not bound by Trade Practices Act - whether Federal Court then loses jurisdiction to determine non-federal claims.
Trade Practices Act, s.86(1).
BURGUNDY ROYALE INVESTMENTS PTY. LIMITED & ORS. v. WESTPAC BANKING CORPORATION & ORS.
No. G339 of 1987
BOWEN C.J., MORLING AND BEAUMONT JJ.
SYDNEY
11 DECEMBER 1987
I
eh udeiher umaratr taiemaeietee tient :
=F
wa eee a
IN THE FEDERAL COURT OF AUSTRALIA
)
NEW SOUTH WALES DISTRICT REGISTRY ) No. G339 of 1987 ) )
GENERAL DIVISION
COURT:
DATE :
PLACE:
BETWEEN:
BURGUNDY ROYALE INVESTMENTS PTY
LIMITED
AND:
(Receivers and Managers Appointed) First Applicant
THE ESPLANADE PTY LIMITED Second Applicant
KOTA NOMINEES PTY LIMITED Third Applicant
GOLDEN GLOSS PROPERTIES LIMITED
Fourth Applicant
WESTPAC BANKING CORPORATION
First Respondent
THE NORTHERN TERRITORY OF AUSTRALIA
Second Respondent
NORTHERN TERRITORY DEVELOPMENT CORPORATION (now known as the TERRITORY LOANS
MANAGEMENT CORPORATION)
Third Respondent CORPORATION OF THE CITY OF DARWIN
Fourth Respondent
BOWEN C.J., MORLING and BEAUMONT JJ.
11 DECEMBER 1987
SYDNEY
sagan
- maw
pen eee pe
MINUTES OF ORDER
THE COURT ORDERS:
1. The questions in the special case be answered as follows:
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