Andrew Sallway and Helen Newman in their capacity as liquidators of MB Australia Pty Ltd (In Liquidation) v Citadel Group Properties Pty Ltd [2021] NSWSC 709

Supreme Court New South Wales

Medium Neutral Citation: Andrew Sallway and Helen Newman in their capacity as liquidators of MB Australia Pty Ltd (In Liquidation) v Citadel Group Properties Pty Ltd [2021] NSWSC 709 Hearing dates: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Order that the proceedings be determined by this Court Catchwords: CIVIL PROCEDURE – cross-vesting – special federal matter – motion for an order under s 6(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) that the proceeding be determined by this Court – requirement under s 6(3) that there be special reasons for doing so in the particular circumstances of the proceeding – this requires some pertinent non-trivial consideration or circumstance which takes the case of out the run of the mill and which warrants the case being held in this Court despite involving a special federal matter – HELD – there are special reasons warranting that the matter be determined by this Court Legislation Cited: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Real Property Act 1900 (NSW) Cases Cited: Henry v Hancock [2016] NSWSC 71 James v James (No.2) [2019] NSWSC 116 Montgomery v Porter [2019] NSWSC 1524 Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of Strata Plan 68608 [2019] NSWSC 651 Category: Procedural rulings Parties: Andrew Sallway and Helen Newman in their capacity as liquidators of MB Australia Pty Ltd (In Liquidation) – First Plaintiff MB Australia Pty Ltd (In Liquidation) – Second Plaintiff Citadel Group Properties Pty Ltd – First Defendant Wentworth Capital Group Pty Ltd – Second Plaintiff RS Family Holdings Pty Ltd – Third Defendant Zalasam Pty Ltd – Fourth Defendant Citadel Group Holdings Pty Limited – Fifth Defendant James Schwarz – Sixth Defendant Glenn Wein – Seventh Defendant Tamir Haikin – Eighth Defen dant Lilach Haikin – Ninth Defendant MB Australia 2000 Pty Ltd – Tenth Defendant MB Accumulation Pty Ltd – Eleventh Defendant 15-21 Doody Street Pty Ltd – Twelfth Defendant Elite Luxury – Thirteenth Defendant Representation: Counsel: D. Sulan with D. Levi – First and Second Plaintiffs D. Monteith – First to Seventh Defendants No appearance – Eighth to Thirteenth Defendants