Johnson Tiles Pty Ltd v Esso Australia Limited [2001] FCA 421

FEDERAL COURT OF AUSTRALIA

Johnson Tiles Pty Ltd v Esso Australia Limited [2001] FCA 421 COURTS – practice and procedure – cross-vesting – representative proceeding involving federal and common law claims – federal claim struck out – real issue raised about the Court's accrued jurisdiction in respect of the common law claim – whether it is in the interests of justice to transfer the proceeding to the Supreme Court Federal Court of Australia Act 1976 (Cth) Pt IVA s 33G Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) s 5(4)(b) Supreme Court Act 1986 (Vic) s 4A Federal Courts (State Jurisdiction) Act 1999 (Vic) s 11 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572 - distinguished McIntosh v National Australia Bank Ltd (1988) 17 FCR 482 - distinguished Bell Group v Westpac (2000) 173 ALR 427 - considered JOHNSON TILES PTY LTD v ESSO AUSTRALIA LIMITED VG 519 OF 1998 AND VG 524 OF 1998 JUDGE: MERKEL J DATE: 12 APRIL 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 519 OF 1998

VG 524 OF 1998

BETWEEN: JOHNSON TILES PTY LTD AND OTHERS

APPLICANTS

ESSO AUSTRALIA LTD AND ANOTHER

RESPONDENTS/CROSS-CLAIMANTS

AND: STATE ELECTRICITY COMMISSION OF VICTORIA AND OTHERS

CROSS RESPONDENTS/CROSS-CLAIMANTS

BHP PETROLEUM (BASS STRAIT) PTY LTD

CROSS-RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 12 APRIL 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT within 14 days the applicants bring in agreed minutes of orders to give effect to these reasons for judgment and, in the event that any party is not in agreement with the orders proposed by the applicants, that party bring in its proposed orders within 14 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.