Federal Court of Australia
Federal Court of Australia
Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515 File number: ACD 47 of 2022
Judgment of: WIGNEY J
Date of judgment: 6 December 2022
Date of publication of reasons: 15 December 2022
Catchwords: PRACTICE AND PROCEDURE – application to appeal determination made under Building and Construction Industry (Security of Payment) Act 2009 (ACT) – where dispute concerned liability under construction contract – whether proceeding should be transferred to the ACT Supreme Court under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – where similar or related proceedings on foot in ACT Supreme Court – where transfer would be expedient, avoid potential of conflicting decisions and involve the application of laws of the Australian Capital Territory – where cross-appeal in ACT Court of Appeal should be determined first – order that proceeding be so transferred
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 5(4) Federal Court Rules 2011 (Cth) r 27.21 Building and Construction Industry (Security of Payment) Act 2009 (ACT)
Cases cited: Amalia Investments Ltd v Virgtel Global Networks NV (No 2) (2011) 198 FCR 248; [2011] FCA 1270 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Buckley v Gibbett (1996) 69 FCR 554 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 Mattock v Mattock (1989) 97 FLR 112 Miller as executor of the estate of Detlef John Kirsten v Kirsten [2021] FCA 1022 Nova Builders Pty Ltd v Civil & Civic Corporation Pty Ltd [2022] ACTSC 209 Prasad v Google LLC [2020] FCA 67 Shields v Williams [2019] FCA 413 Yara Pilbara Fertilisers Pty Ltd (formerly known as Burrup Fertilisers Pty Ltd) v Oswal (No 8) [2015] FCA 49
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