G A R Muirhead & Anor v Commonwealth Bank of Australia & Anor [1994] FCA 921

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re. 86ryt/oy

JUDGES' CHAMBERS

FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY BRISBANE

AUSTRALIA

JUDGMENT No, wc? 2! 7 9

CATCHWORDS

TRANSFER OF PROCEEDINGS - whether the Federal Court has expertise in relation to matters raised - Commonwealth Statues referred to in proceedings

STAY OF PROCEEDINGS'~ - temporary stay - courts discourage duplicity of proceedings.

Judiciary Act 1903, s. 39B Jurisdiction of Courts, (Cross-Vesting) Act 1987, s. 3(1)(e)

Limited (1992) 34 FCR 287

P . -1 DEC 1994 GAR Muirhead and S Muirhead v, ; FEDERAL COURT OF Commonwealth Bank of Australia and E G Harris AUSTRALIA No. QG146 of 1994 PRINCIPAL

Kiefel J: Brisbane, 28 November 1994

First Appli AND: STEPHANIE SUSAN MUIRHEAD

Second Applicant AND: COMMONWEALTH BANK OF AUSTRALIA

First Respondent AND: ERNEST GEORGE HARRIS

second Respondent MINUTES OF ORDERS IUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 28 November 1994 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. Proceedings number QG146 of 1994 be transferred to the Supreme Court of Queensland to be heard with action number 1452 of 1994.

2. The applicants pay the respondents' costs of and incidental to this

application and to the proceedings to date to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

First Appli AND: STEPHANIE SUSAN MUIRHEAD

Second Applicant AND: COMMONWEALTH BANK OF AUSTRALIA

First Respondent AND: ERNEST GEORGE HARRIS

CORAM: __s Kiefel J DATE: 28 November 1994 PLACE: Brisbane

REASONS FOR JUDGMENT On 24 October 1994 the applicants filed their applications in these proceedings and on the same day delivered a defence in proceedings in the Supreme Court brought by the Bank, the respondent to these proceedings, against them on 13 September 1994. The Commonwealth Bank, by its statement of claim in those proceedings, seeks the balance of moneys due to it under financial facilities and after allowing for the proceeds of sale of property together with sums said to be due under a