Kinham Pty Ltd v TKJ Nominees Pty Ltd [1999] FCA 1442

FEDERAL COURT OF AUSTRALIA

Kinham Pty Ltd v TKJ Nominees Pty Ltd [1999] FCA 1442

CORPORATIONS LAW – cross-vesting – jurisdiction of the Federal Court of Australia – stay of proceedings – costs.

Corporations Law ss 565, 1317HD

Federal Courts (State Jurisdiction) Act 1999 (WA)

Re Wakim; Ex parte McNally [1999] HCA 27 referred to

Welltina Pty Ltd v Mamone [1999] FCA 905 followed

Cambridge Gulf Investments Pty Ltd (in liquidation) v Dandoe Pty Ltd [1999] FCA 1142 followed

KINHAM PTY LTD (IN LIQUIDATION), CHRISTOPHER MICHAEL WILLIAMSON AS LIQUIDATOR OF KINHAM PTY LTD (IN LIQUIDATION) v

TKJ NOMINEES PTY LTD, WHITE RIVER PTY LTD, FRANCES POLLOCK

and JAMIE KEVIN POLLOCK

W 3015 of 1999

CARR J

27 AUGUST 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 3015 OF 1999

BETWEEN: KINHAM PTY LTD (IN LIQUIDATION)

First Applicant

CHRISTOPHER MICHAEL WILLIAMSON AS LIQUIDATOR OF KINHAM PTY LTD (IN LIQUIDATION) (ACN 008 976 010)

Second Applicant

AND: TKJ NOMINEES PTY LTD

First Respondent

WHITE RIVER PTY LTD

Second Respondent

FRANCES POLLOCK

Third Respondent

JAMIE KEVIN POLLOCK

Fourth Respondent

JUDGE: CARR J

DATE OF ORDER: 27 AUGUST 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The proceedings be stayed. 2. The applicants have liberty to apply for orders or directions to enable the proceedings to be transferred to the Supreme Court of Western Australia. The respondents have liberty to apply to lift the stay of proceedings if the applicants do not apply for such orders or directions within a reasonable time. 3. Costs of the motion filed on 13 August 1999 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.