Federal Court of Australia
Federal Court of Australia
Raghubir v Nicolopoulos [2021] FCA 1073 File number(s): NSD 801 of 2021
Judgment of: RARES J
Date of judgment: 3 September 2021
Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – whether claim under Defamation Act 2005 (NSW) based on publication to persons only within State of allegedly defamatory letters arising out of backyard dispute within federal jurisdiction – whether any matter attracting judicial power of the Commonwealth – Held: proceeding dismissed for want of jurisdiction
Legislation: Federal Court of Australia Act 1976 (Cth) s 19(1) Judiciary Act 1903 (Cth) s 39B(1A) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3) Defamation Act 2005 (NSW) s 35(1) Limitation Act 1969 (NSW) ss 14B, 56A
Cases cited: Crosby v Kelly (2012) 203 FCR 451 Re Wakim; Ex parte McNally (1999) 198 CLR 511
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 16
Date of hearing: 3 September 2021
Solicitor for the Applicants: The Applicants appeared in person
Solicitor for the Respondents: Condon Legal
ORDERS NSD 801 of 2021
BETWEEN: RENUKA RAGHUBIR First Applicant
VIRENDRA SINGH Second Applicant
AND: CHRISTINE NICOLOPOULOS First Respondent
STRATA MANAGER SP7526 Second Respondent
STRATA TREASURER SP7526 (and others named in the Schedule) Third Respondent
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