Rothmore Farms Pty Ltd v Belgravia Pty Ltd [1999] FCA 1261

FEDERAL COURT OF AUSTRALIA Rothmore Farms Pty Ltd v Belgravia Pty Ltd [1999] FCA 1261

ROTHMORE FARMS PTY LTD (IN PROVISIONAL LIQUIDATION) v BELGRAVIA PTY LTD (ACN 058 765 861), ANDREW CHARLES COOPER, AGRI-STEEL PTY LTD (ACN 083 806 179), TENNYSON TURNER, NOELENE MICHELLE COOPER and ROBERT JOHN MILLS SG 3019 OF 1998

MANSFIELD J

20 AUGUST 1999 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 3019 OF 1998

BETWEEN: ROTHMORE FARMS PTY LTD

(IN PROVISIONAL LIQUIDATION)

Applicant

AND: BELGRAVIA PTY LTD (ACN 058 765 861)

First Respondent

ANDREW CHARLES COOPER

Second Respondent

AGRI-STEEL PTY LTD (ACN 083 806 179)

Third Respondent

TENNYSON TURNER

Fourth Respondent

NOELENE MICHELLE COOPER

Fifth Respondent

ROBERT JOHN MILLS

Sixth Respondent

JUDGE: MANSFIELD J

DATE: 20 AUGUST 1999

PLACE: ADELAIDE

REASONS FOR DECISION

HIS HONOUR:

1 In this matter, I made various orders on occasions which are specified in the notice of motion of the second respondent Andrew Charles Cooper ("Andrew Charles Cooper"), and ultimately made final declarations and orders on 4 and 11 June 1999. I now have before me motions by Mr Cooper and by Tennyson Turner ("Mr Turner"), who are each respondents in the action, for orders that my orders "be set aside" on the basis that the Court, including myself, had no jurisdiction to make those declarations and orders, and for consequential orders.

2 The basis of the notice of motion in each case is the High Court decision in Re Wakim; ex parte McNally [1999] HCA 27 ("Wakim"), delivered on 17 June 1999. It determined that the state legislation which conferred jurisdiction on this Court to hear and determine matters arising under the Corporations Law was invalid. As Finkelstein J said in Welltina Pty Ltd v Mamone [1999] FCA 905: