HBSY Pty Ltd v Lewis [2024] HCA 35

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ

HBSY PTY LTD PLAINTIFF

AND

GEOFFREY LEWIS & ANOR DEFENDANTS

HBSY Pty Ltd v Lewis

[2024] HCA 35

Date of Hearing: 9 May 2024

Date of Judgment: 9 October 2024

S106/2023

ORDER

1. A writ of certiorari issue directed to the second defendants, the Federal Court of Australia and the Judges thereof, to quash the decision of the Full Court of the Federal Court of Australia made on 14 July 2023 in proceeding NSD 726 of 2022 (HBSY Pty Ltd v Lewis [2023] FCAFC 109).

2. A writ of mandamus issue directed to the second defendants commanding them to hear and determine the plaintiff's appeal from the whole of the judgment of the Supreme Court of New South Wales given on 24 June 2022 in proceeding 2019/263639.

3. The first defendant pay the plaintiff's costs in the Full Court of the Federal Court of Australia and in this Court.

Representation

M K Condon SC with D K Smith for the plaintiff (instructed by Roberts & Partners Lawyers)

P J Menadue for the first defendant (instructed by Shields Lawyers)

S P Donaghue KC, Solicitor-General of the Commonwealth, with C Ernst for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

Submitting appearance for the second defendants

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

CATCHWORDS

HBSY Pty Ltd v Lewis

Federal Court of Australia – Jurisdiction – Statutory construction – Where plaintiff brought proceedings in New South Wales Supreme Court – Where plaintiff relied on s 153 of Bankruptcy Act 1966 (Cth) – Whether Full Court of Federal Court of Australia had jurisdiction to hear and determine appeal involving matter arising under Bankruptcy Act – Whether s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) engaged – Whether s 24(1)(c) of Federal Court of Australia Act 1976 (Cth) engaged.