Federal Court of Australia
Federal Court of Australia
Diakovasili v The Order of AHEPA NSW Incorporated [2022] FCA 1465 File number: NSD 698 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 5 December 2022
Catchwords: PRACTICE AND PROCEDURE – application for transfer of proceedings from Federal Court of Australia to Supreme Court of New South Wales – where both parties consent – where Federal Court proceedings nascent – where Supreme Court proceedings procedurally advanced – where risk of inconsistent judgments – where likely more efficient and cost effective for parties if proceedings transferred – whether in the interests of justice to transfer – Held: application granted
Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
Cases cited: Australian Federation of Islamic Councils Inc v United Muslims of New South Wales Inc [2021] NSWCA 311 Federal Commissioner of Taxation v Residence Riverside Pty Ltd as Trustee for the D&J Discretionary Trust and as Trustee for the D&J Investment Trust [2013] FCA 720; 95 ATR 86 Shields v Williams [2019] FCA 413
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of hearing: 5 December 2022
Counsel for Plaintiff: Mr D Robertson
Solicitor for Plaintiff: Levitt Robinson Solicitors
Counsel for Defendant: Mr A Rizk
Solicitor for Defendant: Pure Legal
ORDERS NSD 698 of 2022
BETWEEN: LITSA DIAKOVASILI Plaintiff
AND: THE ORDER OF AHEPA NSW INCORPORATED Defendant
order made by: CHEESEMAN J DATE OF ORDER: 5 DECEMBER 2022
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