Singh v Khan [2021] NSWSC 1093

Supreme Court New South Wales

Medium Neutral Citation: Singh v Khan [2021] NSWSC 1093 Hearing dates: 26 August 2021 Decision date: 30 August 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare that the proceedings are stayed by reason of the operation of s 60(2) of the Bankruptcy Act 1966 (Cth). (2) Declare that the plaintiff had no standing to file, and has no standing to move on, the notices of motion filed by him on 13 July 2021 and 12 August 2021 respectively and dismiss the notices of motion accordingly. (3) Subject to any party making an application for a different order, order the plaintiff to pay the defendants' costs of the notices of motion filed by the plaintiff on 13 July 2021 and 12 August 2021 and of the defendants' notice of motion filed on 23 July 2021. Catchwords: CIVIL PROCEDURE – Defendants seeking stay of proceedings by reason of s 60(2) of the Bankruptcy Act 1966 (Cth) and dismissal of plaintiff's notice of motion as he lacks standing — Plaintiff seeking review of Registrar's directions to list defendants' notice of motion prior to determination of his earlier notice of motion — Plaintiff's notices of motion dismissed as per the Bankruptcy Act 1966 (Cth) as he does not have standing to prosecute them in his own name – declaration of stay BANKRUPTCY — Exclusive jurisdiction of federal courts "in bankruptcy" — Jurisdiction of State courts conferred under s 39(2) of the Bankruptcy Act 1966 (Cth) to determine matters arising under the Act other than those falling within the Federal Court's exclusive jurisdiction — effect of s 60 of the Bankruptcy Act 1966 (Cth) on proceedings in this Court does not require the exercise of jurisdiction "in bankruptcy" — this Court has no jurisdiction to determine the validity of a bankruptcy notice as it is a matter "in bankruptcy" — by operation of ss 60(2) and (3) of the Bankruptcy Act 1966 (Cth) the plaintiff does not have standing to prosecute these proceedings or notices of motion in his own name Legislation Cited: Bankruptcy Act 1966 (Cth), ss 5, 27, 35, 35A, 40, 58, 60, 116 Civil and Administrative Tribunal Act 2013 (NSW), s 60 Constitution, ss 75, 76 Judiciary Act 1903 (Cth), ss 39, 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 3 Legal Profession Uniform Law Application Act 2014 (NSW), ss 70, 71 Uniform Civil Procedure Rules 2005 (NSW), rr 13.6, 36.10 Cases Cited: Faulkner v Bluett [1981] FCA 3; (1981) 52 FLR 115 Meriton Apartments Pty Ltd v Industrial Court of New South Wales (2008) 171 FCR 380; [2008] FCAFC 172 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 1 Morris Finance Ltd v Brown (2016) 93 NSWLR 551; [2016] NSWCA 343 Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886 Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174; [2015] FCAFC 70 Category: Procedural rulings Parties: Gurjit Singh (Plaintiff) Ghulam Akbar Khan (First Defendant) Samina Khan (Second Defendant) Fobupu Pty Ltd (Third Defendant) Secretary, Department of Communities and Justice (Third Respondent to the Notice of Motion dated 12 August 2021) Representation: Counsel: In person (Plaintiff) R Brown (First, Second and Third Defendants) C Frommer (Third Respondent to the Notice of Motion dated 12 August 2021)