Riva NSW Pty Limited v Official Trustee in Bankruptcy [2023] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Limited v Official Trustee in Bankruptcy [2023] NSWCA 235 Hearing dates: 22 September 2023 Date of orders: 5 October 2023 Decision date: 05 October 2023 Before: Adamson JA; Simpson AJA; Basten AJA Decision: (1) Refuse the applicants leave to appeal from the judgment of Kunc J delivered on 22 February 2022 and orders entered on 4 March 2022. (2) Order that the applicants pay the respondent's costs in this Court. Catchwords: APPEAL – special federal matters – exclusive jurisdiction of federal courts – whether appeal involved a matter "arising under" a Scheduled Commonwealth Act – appeal arising under Vexatious Proceedings Act 2008 (NSW) - Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5) not engaged APPEAL – application for leave to appeal – failure to allow opportunity to replead – whether applicants had frequently instituted vexatious proceedings – whether error on part of primary judge that was more than merely arguable – whether issue of general principle – whether clear case of injustice Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7 Civil Procedure Act 2005 (NSW), Pt 6 Supreme Court Act 1970 (NSW), s 101 Vexatious Proceedings Act 2008 (NSW), ss 8, 13, 14 Cases Cited: Felton v Mulligan (1971) 124 CLR 367; [1971] HCA 39 Guan v Li [2022] NSWCA 173 Paramasivam v Sabanathan [2013] NSWCA 362 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Riva NSW Pty Ltd (First Applicant) Angelo Ferella (Second Applicant) Official Trustee in Bankruptcy (Respondent) Representation: Counsel: Mr A Maroya (First and Second Applicants) Mr T Lynch SC (Respondent)