Prime Property Investment Pty Ltd v Van Der Velde [2011] FCA 1397

FEDERAL COURT OF AUSTRALIA

Prime Property Investment Pty Ltd v Van Der Velde [2011] FCA 1397 Citation: Prime Property Investment Pty Ltd v Van Der Velde [2011] FCA 1397

Appeal from: In the matter of ACN 103 753 484 Pty Ltd (In liq) formerly Blue Chip Development Corporation Pty Ltd [2011] QSC 64

Parties: PRIME PROPERTY INVESTMENT PTY LTD and PNP REALTY PTY LTD v TERRY GRANT VAN DER VELDE AND DAVID MICHAEL STIMPSON AS JOINT AND SEVERAL LIQUIDATORS OF ACN 103 753 484 PTY LTD (IN LIQUIDATION) FORMERLY BLUE CHIP DEVELOPMENT CORPORATION PTY LTD and ACN 103 753 484 PTY LTD (IN LIQUIDATION) FORMERLY BLUE CHIP DEVELOPMENT CORPORATION PTY LTD

File number: QUD 87 of 2011

Judge: BESANKO J

Date of judgment: 8 December 2011

Catchwords: PRACTICE AND PROCEDURE — Application for summary judgment by respondents to an appeal against orders made by a judge of the Supreme Court of Queensland — where respondents had brought claims in Supreme Court for moneys had and received against the appellants ('the main action') — where appellants sought stay of the main action pursuant to an arbitration agreement previously entered into by the parties and the International Arbitration Act 1974 (Cth) — where respondents as liquidators brought an action in the Supreme Court seeking leave to disclaim the arbitration agreement pursuant to s 568(1A) of the Corporations Act 2001 (Cth) ('Corporations Act') ('the disclaimer action') — where Supreme Court granted leave to disclaim and refused the stay — where appellants filed defences in the main action claiming a set-off on the basis of alleged infringements of copyright pursuant to s 115 Copyright Act 1968 (Cth) ('Copyright Act') — where appellants purported to appeal to Full Court of the Federal Court against the orders made giving leave to disclaim and refusing the stay — where the grounds of appeal related to the decision granting leave to disclaim and there were no separate grounds relating to the decision to refuse the stay — where appeal in the disclaimer action lay to the Queensland Court of Appeal pursuant to s 1337F of the Corporations Act — where upon filing of the appellants' defences the Queensland Supreme Court began exercising federal jurisdiction conferred by the Copyright Act in the main action — where pursuant to s 131B of the of the Copyright Act an appeal from the decision of a State court made under the Copyright Act lay to the Full Court of the Federal Court — whether main action and disclaimer action were part of single controversy in which an appeal lay to the Full Court of the Federal Court — where federal jurisdiction had not been engaged at the time at which the orders the subject of the appeal were made — whether the Full Court of the Federal Court had jurisdiction to hear the appeal Held: Summary judgment was given and the appeal was dismissed.