Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd [1999] FCA 1572
COURTS AND JUDICIAL SYSTEM – cross vesting – orders appointing receiver and manager and winding up orders made under Corporations Law – purported exercise of cross vested jurisdiction under State law – want of jurisdiction – motion to stay proceedings for want of jurisdiction – whether Court had jurisdiction and associated power to make stay order – whether stay order ought to be made – operation of Federal Courts [State Jurisdiction] Act 1999 – jurisdiction of Court to determine jurisdiction – implied from Chapter III of the Constitution or implied from statutory grant of jurisdiction – power to make stay order – implied incidental power – alternatively derived from s 23 of the Federal Court of Australia Act 1976.
Federal Court of Australia Act 1976 s 57(1), s 23
Christmas Island Act 1958 s 7
Federal Courts (State Jurisdiction) Act 1999 s 11, s 6
Re Wakim; Ex parte McNally (1999) 163 ALR 270, applied
Khatri v Price [1999] FCA 1289, cited
R v Bevan; Ex parte Elias (1942) 66 CLR 452, cited
Re Colina; Ex parte Torney [1999] HCA 57, cited
MERCATOR PROPERTY CONSULTANTS PTY LTD (ACN 008 737 022) v CHRISTMAS ISLAND RESORT PTY LTD (ACN 009 160 123) and ROBBY SUMAMPOW, JOKKY HIDAYAT, KWIK SOEN HOEK and HERMAN TJAHAJDI GANI
WG 3017 of 1998
CHRISTMAS ISLAND RESORT PTY LTD (RECEIVER AND MANAGER APPOINTED) v CHRISTMAS ISLAND RESORT PTY LTD (RECEIVER AND MANAGER APPOINTED)
WG 3031 of 1998
FRENCH J
11 NOVEMBER 1999
SYDNEY (Heard in Perth)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG 3017 OF 1998
BETWEEN: MERCATOR PROPERTY CONSULTANTS PTY LTD
(ACN 008 737 022)
Applicant
AND: CHRISTMAS ISLAND RESORT PTY LTD
(ACN 009 160 123)
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