Gordon v Tolcher in his capacity as liquidator of Senafield Pty Ltd (In liquidation) [2006] HCA 62

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, HAYNE, CALLINAN AND HEYDON JJ

CHARLES STUART GORDON APPELLANT

AND

RAYMOND GEORGE TOLCHER IN HIS

CAPACITY AS LIQUIDATOR OF SENAFIELD

PTY LTD (IN LIQUIDATION) & ANOR RESPONDENTS

Gordon v Tolcher in his capacity as liquidator of

Senafield Pty Ltd (In liquidation) [2006] HCA 62

15 December 2006

S62/2006

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

B A J Coles QC with C R C Newlinds SC and D A Allen for the appellant (instructed by Linde Business Law)

G O'L Reynolds SC with R C Scruby and P Kulevski for the respondents (instructed by Kemp Strang)

H C Burmester QC with G A Hill for the Attorney-General of the Commonwealth intervening (instructed by Australian Government Solicitor)

P J Hanks QC with S G E McLeish for the Attorney-General for the State of Victoria intervening (instructed by Victorian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Gordon v Tolcher in his Capacity as Liquidator of Senafield Pty Ltd (in liq)

Courts – Federal jurisdiction in State courts – Proceedings brought in New South Wales District Court – Section 1337E of the Corporations Act 2001 (Cth) ("Corporations Act") conferred federal jurisdiction on "lower courts" in "matters" under the Corporations Act – Section 588FF(3) of the Corporations Act provided for time limits on commencement of actions – Part 3 r 2 of the District Court Rules 1973 (NSW) ("the Rules") authorised extension of time – Whether s 79 of the Judiciary Act 1903 (Cth) "picked up" the provisions of the Rules relating to extension of time – Whether the Corporations Act was a Commonwealth law that "otherwise provided" to prevent the provisions of the Rules relating to extension of time being "picked up".