Westpac Banking Corp v Paterson [1999] FCA 1254

FEDERAL COURT OF AUSTRALIA

Westpac Banking Corporation v Paterson [1999] FCA 1254

JURISDICTION – cross-vesting scheme – capacity of Federal Court to hear and determine proceeding transferred from State Court – matter referred under cross-vesting scheme – whether Court has jurisdiction to hear matter because cross-claim, as amended, raises federal matters and those federal matters arise out of, or are related to the same common substratum as the state matters The Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 9 The Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), s 4(1) Federal Courts (State Jurisdiction) Act 1999 (NSW) Re Wakim & Ors (1999) 163 ALR 270, applied WESTPAC BANKING CORPORATION v DAVID COLIN PATERSON & ANOR NG 367 of 1996 O'CONNOR J SYDNEY 10 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 367 OF 1996

BETWEEN: WESTPAC BANKING CORPORATION

Applicant

AND: DAVID COLIN PATERSON

First Respondent

JONNIE MACLEAN STIRLING PATERSON

Second Respondent

AND: DAVID COLIN PATERSON

First Cross Claimant

JONNIE MACLEAN STIRLING PATERSON

Second Cross Claimant

WESTPAC BANKING CORPORATION

Cross Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 10 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. It does not have jurisdiction to determine the proceedings against the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 367 of 1996

BETWEEN: WESTPAC BANKING CORPORATION

Applicant

AND: DAVID COLIN PATERSON

AND: First Respondent