Byrne v Australia and New Zealand Banking Group Limited [2013] FCA 233

FEDERAL COURT OF AUSTRALIA

Byrne v Australia and New Zealand Banking Group Limited [2013] FCA 233 Citation: Byrne v Australia and New Zealand Banking Group Limited [2013] FCA 233

Parties: EDWARD CHRISTOPHER BYRNE and ALEXANDRA ELIANA BYRNE v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522

File number: NSD 2216 of 2012

Judge: ROBERTSON J

Date of judgment: 19 March 2013

Catchwords: PRACTICE AND PROCEDURE – whether proceedings should be transferred to the Supreme Court of New South Wales

Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4)

Date of hearing: 18 March 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 25

Counsel for the First and Second Applicants: Mr E Byrne appeared in person on behalf of the Applicants

Counsel for the Respondent: Mr RI Bellamy

Solicitor for the Respondent: Gadens Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2216 of 2012

BETWEEN: EDWARD CHRISTOPHER BYRNE

First Applicant

ALEXANDRA ELIANA BYRNE

Second Applicant

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522

Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 19 MARCH 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicants' application for an adjournment is refused. 2. Pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), these proceedings be transferred to the Supreme Court of New South Wales. 3. The costs of the application to transfer the proceedings to the Supreme Court of New South Wales be costs in the proceedings as transferred. 4. Otherwise there be no order as to the costs of the proceedings in this Court. Note: Entry of orders is dealt with in Order 39.32 of the Federal Court Rules 2011.