Federal Court of Australia
Federal Court of Australia
Jemmott v ENA Development Pty Ltd (in liq) (Receiver Appointed) [2022] FCA 1134 File number(s): NSD 662 of 2022
Judgment of: HALLEY J
Date of judgment: 21 September 2022
Date of publication of reasons: 23 September 2022
Catchwords: PRACTICE AND PROCEDURE – application for transfer of proceedings to the Supreme Court of New South Wales (Supreme Court) pursuant to s 1337H of the Corporations Act 2001 (Cth) and r 27.21 of the Federal Court Rules 2011 (Cth) – application for adjournment of hearing dismissed – where more appropriate for the proceeding to be determined by Supreme Court having regard to the interests of justice
Legislation: Corporations Act 2001 (Cth) ss 1337H, 1337R Federal Court Rules 2011 (Cth) r 27.21
Cases cited: BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 Commissioner of Taxation v Residence Riverside Proprietary Limited as Trustee for the D&J Discretionary Trust and as Trustee for the D&J Investment Trust [2013] FCA 720 Dwyer v Hindal Corporate Pty Ltd (2005) 52 ACSR 335 In the matter of ENA Development Pty Ltd [2022] NSWSC 54 In the matter of ENA Development Pty Ltd (in liq) [2022] NSWSC 919 In the matter of Peter G Ward Industries Pty Limited [2020] NSWSC 339 Yara Pilbara Fertilisers Pty Ltd (formerly known as Burrup Fertilisers Pty Ltd) v Oswal (No 8) [2015] FCA 49 Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849
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