Federal Court of Australia
_- oo
JUDGMENT No. 421.27. 8.80.0
BANKRUPTCY - property outside Australia - located in external territory — subject of Crown Grant under Indenture ~- defeasible on alienation - power of Federal Court to issue letter of request for vesting order - power of Supreme Court of Territory to act in aid
- application of s.122 Bankruptcy Act 1914 (UK) to Federal Court ~ implied repeal by s.29 Bankruptcy Act 1966 - jurisdiction of territory court to act in aia - constitutional history of territory - whether territory court derives jurisdiction in aid from Bankruptcy Ordinance 1888 (Singapore) - from Supreme Court Ordinance 1355 application of s.122 of Bankruptcy Act 1914 [(UK) to territory court — whether territory court and Federal Court are "British courts" for that purpose - meaning of "British courts"
discretion to issue letter of request - considerations of utility and comity - possibility of vesting order conditional on approval of Governor-General under Indenture - quaere whether invocation of general civil jurisdiction preferable ~ no significant
inconvenience or additional cost -— possible non-congruence between general jurisdiction and jurisdiction in aid in bankruptcy.
COURTS - Federal Court of Australia - power to issue letter of
request ~— whether "British court" for purposes of s.122 Bankruptc Act 1914 (UK) - implied repeal of 5.122 by Bankruptc Amendment
Act 1980 ~ Supreme Court of Cocos (Keeling) Islands Territory - sources of jurisdiction - constitutional history - jurisdiction in bankruptcy — jurisdiction in aid -— whether "British court".
Bankruptcy Act 1966 (Cwth) ss. 5, 29, 58
Bankruptcy Amendment Act 1980
Straits Settlements Act 1866
Straits Settlements (Repeal) Act 1846
Straits Settlement (Repeal) Order in Council, 1946 Singapore Colony Order in Council 1946
Statute of Westminster, 1931
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