Federal Court of Australia
Federal Court of Australia
Habchi v Jayhab Developments Pty Ltd [2024] FCA 926 File number(s): QUD 259 of 2024
Judgment of: MEAGHER J
Date of judgment: 15 August 2024
Catchwords: PRACTICE AND PROCEDURE – Application for transfer of proceeding to the Supreme Court of Queensland pursuant to s 1337H(2) of the Corporations Act 2001 (Cth) – Where various proceedings before the Supreme Court of Queensland – Where there is a commonality of issues – Where there is a risk of conflicting findings – Whether, having regard to the interests of justice, it is more appropriate that the proceeding be determined by the Supreme Court of Queensland – Application granted
Legislation: Corporations Act 2001 (Cth) ss 1337H, 1337L Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Dwyer v Hindal Corporate Pty Ltd (2005) 52 ACSR 335 Lukaszewicz v Polish Club Ltd (2019) 370 ALR 698 Re HIH Insurance Ltd (in liq) (2014) 104 ACSR 240 Thomas v HW Thomas Ltd [1984] 1 NZLR 686 Valceski v Valceski (2007) 70 NSWLR 36 Vaughan v Frost [2010] NSWSC 492 Webster (as trustee for Elcar Pty Ltd Super Fund Trust) v Murray Goulburn Co-Operative Co Ltd [2017] VSC 249 Yara Pilbara Fertilisers Pty Ltd (formerly known as Burrup Fertilisers Pty Ltd) v Oswal (No 8) [2015] FCA 49
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
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