Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khoury v Commonwealth Bank of Australia trading as Bankwest [2013] FCA 304 Citation: Khoury v Commonwealth Bank of Australia trading as Bankwest [2013] FCA 304
Parties: ELIE KHOURY and NORMA KHOURY v COMMONWEALTH BANK OF AUSTRALIA TRADING AS BANKWEST ABN 48 123 123 124, ROBERT MOODIE and MELISSA LAU
File number: NSD 1805 of 2012
Judge: FARRELL J
Date of judgment: 2 April 2013
Catchwords: PRACTICE AND PROCEDURE – cross-vesting – application to transfer matter to Supreme Court – Jurisdiction of Courts Act 1987 (Cth) s 5(4) – Australian Securities and Investments Commission Act 2001 (Cth) s 12GK(1)
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CA, 12CB, 12CC, 12GD, 12GF, 12GK Federal Court of Australia Act 1976 (Cth) ss 22, 23, 32 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5 Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 45.4
Cases cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Limited v Schultz (2004) 221 CLR 400 Byrne v Australia and New Zealand Banking Group Limited [2013] FCA 233 Cameron's Unit Services Pty Ltd v Kevin R Whelpton Associates (Australia) Pty Ltd (1984) 4 FCR 428 Midland Montagu Australia Ltd v O'Connor (1992) 109 FLR 285 Valceski v Valceski (2007) 70 NSWLR 36
Date of hearing: 2 April 2013
Place: Sydney
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