Rabsnead Pty Ltd v Schmierer [2002] FCA 304

FEDERAL COURT OF AUSTRALIA

Rabsnead Pty Ltd v Schmierer [2002] FCA 304 PRACTICE AND PROCEDURE – cross-vesting – Corporations Act proceedings commenced in Federal Court by contributory for removal of administrators of corporation – related professional negligence claim by that contributor against administrators currently pursued in Queensland Supreme Court – whether 'appropriate' and 'in the interests of justice' to cross-vest proceedings in Federal Court to Queensland Supreme Court for purposes inter alia of consolidation with Queensland Supreme Court proceedings. Corporations Act 2001 (Cth) ss 445F, 491, 1337H Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4)(b)

The Bell Group Limited v Westpac Banking Corporation (2000) 104 FCR 305 referred to Re Wakim; Ex parte McNally (1999) 198 CLR 73 referred to J N Taylor Finance Pty Ltd (in liq) v BCF (Bond Corporation Finance) Ltd (1991) 4 ASCR 483 considered Bourke v State Bank of New South Wales (1998) 85 ALR 61 considered Johnson Tiles Pty Ltd v Esso Australia Ltd [2001] FCA 421 followed RABSNEAD PTY LTD v TREVOR JOHN SCHMIERER AND DENNIS JOHN OFFERMANS N 3005 OF 2002 CONTI J 20 MARCH 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3005 OF 2002

IN THE MATTER OF SEAFOOD ONLINE.COM LIMITED (FORMERLY SUBJECT TO DEED OF ARRANGEMENT) (NOW IN VOLUNTARY LIQUIDATION)

BETWEEN: RABSNEAD PTY LTD (ACN 010 315 983)

APPLICANT

AND: TREVOR JOHN SCHMIERER

FIRST RESPONDENT

DENNIS JOHN OFFERMANS

SECOND RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 6 MARCH 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to section 1337H of the Corporations Act 2001, or alternatively, section 5(4)(b) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), the matters to be determined in the subject proceedings in this Court numbered N 3005 of 2002 be transferred to the Supreme Court of Queensland (Brisbane Registry). 2. That the costs of the proceedings thus far in this Court be costs in the cause to be continued in the Supreme Court of Queensland. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.