Lynn v White (Trustee), in the matter of Lynn [2000] FCA 429

FEDERAL COURT OF AUSTRALIA

Lynn v White (Trustee), in the matter of Lynn [2000] FCA 429

FEDERAL COURT - jurisdiction - cross-vesting - orders made by Federal Court pursuant to State Act - orders made before Wakim – appeal from order relating to enforcement of orders made without jurisdiction - effect of State Act validating orders of Federal Court – whether any order should be made in relation to appeal Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 4(2) Federal Court of Australia Act 1976 (Cth) s 28(1)(b) Property Law Act 1958 (Vic) Transfer of Land Act 1958 (Vic) Federal Courts (State Jurisdiction) Act 1999 (Vic) ss 3, 4(1), 6 Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 163 ALR 270 followed Gould v Brown [1998] HCA 6; (1998) 193 CLR 346 referred to IN THE MATTER OF KATHLEEN LYNN THOMAS LYNN AND KATHLEEN LYNN v CLYDE PETER WHITE (AS TRUSTEE FOR KATHLEEN LYNN) AND OFFICIAL TRUSTEE IN BANKRUPTCY V 681 OF 1999 GRAY, SUNDBERG AND NORTH JJ 6 APRIL 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 681 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF KATHLEEN LYNN

BETWEEN: THOMAS LYNN

FIRST APPELLANT

KATHLEEN LYNN

SECOND APPELLANT

AND: CLYDE PETER WHITE (AS TRUSTEE FOR KATHLEEN LYNN)

FIRST RESPONDENT

OFFICIAL TRUSTEE IN BANKRUPTCY

SECOND RESPONDENT

JUDGES: GRAY, SUNDBERG AND NORTH JJ

DATE OF ORDER: 6 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The second respondent be entitled to indemnify himself in respect of his costs of the appeal out of the proceeds of any sale by him of the house and land situated at 9 Lower Dandenong Road, Mentone. 2. Otherwise the Court makes no order in respect of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.