Tribond Developments Pty Ltd & Ors v The Hon Trevor Griffin, Attorney-General of the State of South Australia & Ors [1997] FCA 106

CATCHWORDS

Practice and Procedure - Cross-Vesting - whether under subs 5(4)(b)(ii)(c) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) it is in the interests of justice to transfer a matter arising entirely within South Australia and having to be determined in accordance with it laws to the Supreme Court of South Australia, in circumstances where judges of that court may be caused embarrassment due to the fact that the Attorney-General of South Australia is a respondent in the proceedings, which seek exemplary damages against him personally, and that he is likely to be known to members of that court. Jurisdiction of Courts (Cross‑Vesting) Act 1987 (Cth) subs 5(4)(b)(ii)(C), subs 9(2) Jurisdiction of Courts (Cross‑Vesting) Act 1987 (SA) subs 4(1)

Mansell v Cumming (1989) 86 ALR 637 Commonwealth v Silverton Ltd (1991) 103 FLR 251 Swanson v Harley (1995) 125 FLR 182 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Dawson v Baker (1994) 120 ACTR 11 TRIBOND DEVELOPMENTS PTY LTD & ORS v THE HON. TREVOR GRIFFIN, ATTORNEY‑GENERAL OF THE STATE OF SOUTH AUSTRALIA & ORS No. SG 101 of 1996 CORAM: Lehane J PLACE: Sydney DATE: 25 February 1997

IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) GENERAL DIVISION ) No. SG 101 of 1996 BETWEEN: TRIBOND DEVELOPMENTS PTY LTD (A.C.N. 008 124 445) First Applicant RODNEY ABEL Second Applicant ANNE SELINA ABEL Third Applicant AND: THE HON. TREVOR GRIFFIN, ATTORNEY‑GENERAL OF THE STATE OF SOUTH AUSTRALIA First Respondent THE STATE OF SOUTH AUSTRALIA Second Respondent NEW CORPORATION LIMITED Third Respondent

CORAM: Lehane J PLACE: Sydney DATE: 25 February 1997 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The applicants' motion for leave to amend the application, by substituting for "Section 4 Subsection 2 of the Jurisdiction of Courts (Cross‑Vesting) Act 1987 of the Commonwealth" the words "subs 4(1) of the Jurisdiction of Courts (Cross‑Vesting) Act 1987 of South Australia and subs 9(2) of the Jurisdiction of Courts (Cross‑Vesting) Act 1987 of the Commonwealth", be granted. 2. The first and second respondents' notice of motion filed on 19 December 1996 be dismissed. 3. The respondents' application that, under subs 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), the proceeding be transferred to the Supreme Court of South Australia, be refused. 4. The parties' costs of the motions and application referred to in orders 1, 2 and 3 be costs in the proceeding. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.