Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd (No 6) [2010] FCA 1460 Citation: Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd (No 6) [2010] FCA 1460
Parties: RON MEDICH PROPERTIES PTY LTD v BENTLEY SMYTHE PTY LTD, CONTROL RISKS INTERNATIONAL PTY LTD, ACETT PTY LTD, MICHAEL LOCH MCGURK, KIMBERLEY FRANCIS ANN MCGURK and RON MEDICH
File number: NSD 224 of 2009
Judge: STONE J
Date of judgment: 22 December 2010
Corrigendum: 9 May 2011
Catchwords: PRACTICE AND PROCEDURE – Federal Court – application for hearing date to be vacated – applicant charged with murder of one of the respondents – application for general stay pending outcome of criminal proceeding PRACTICE AND PROCEDURE – application by respondents for proceeding to be cross-vested from Federal Court to Supreme Court of New South Wales – whether Supreme Court better placed to deal with overlap between civil and criminal proceedings – whether interests of justice require proceeding to be cross-vested
Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4) Jurisdiction of Courts (Cross-vesting) Act 1987(NSW) s 5 Evidence Act 1995 (Cth) s 128
Cases cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Limited v Schultz (2004) 221 CLR 400 McMahon v Gould (1982) 7 ACLR 202 State of Western Australia v Bond Corporation Holdings Pty Ltd (1992) 114 ALR 275
Date of hearing: 29 November 2010
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