NSW Caselaw
MORTGAGE ACCEPTANCE NOMINEES LTD v BEATTY; MORTGAGE ACCEPTANCE NOMINEES LTD vy ALEXANDER; MORTGAGE ACCEPTANCE NOMINEES LTD v ORTICA HOLDINGS PTY LTD
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KIRBY P, MAHONEY and HANDLEY JJA 29 July and 1 August 1991, 9 August 1991 [1991] NSWCA 208
PRACTICE — Commercial Division transfer of cases on ground that plaintiff involved in tax avoidance and case involves less bona fide commercial dispute than other cases whether power — whether discretion miscarried — held: Not suitable for leave to appeal.
PRACTICE and PROCEDURE — Commercial Division — transfer of proceedings to Common Law Division — proper criteria for Chief Judge of Division (Rogers CJ Comm D) transfers proceedings from Commercial Division to Common Law Division cites the suggested involvement of the plaintiff in tax minimisation and the lack of a "bona fide" commercial character of the transaction and caseload pressure on the Commercial Division — summons for leave to appeal and appeal challenging order of transfer — held: (Mahoney and Handley JJA; Kirby P dissenting) The proceedings are not appropriate for leave to appeal and leave should be refused. Challenge Park Limited v Raine and Horne Commercial Pty Ltd, SC, unreported, 9 March 1989; Collins v Mead, SC, unreported, 7 March 1990 considered. Commercial Causes Act 1903, s4, S5. Supreme Court Act 1970, s22, S51, S52, S53, S54. Income Tax Assessment Act 1936(Cth) s260. Supreme Court Rules, Pt14, r2.
Kirby P At first glance these proceedings would appear to be most unlikely candidates for the grant of leave to appeal to this Court. A different conclusion is reached only when the circumstances of the cases are carefully examined. Procedural orders and the rule of law On 5 July 1991, Rogers CJ Comm D transferred the three actions from the Commercial Division of the Supreme Court to the Common Law Division. Mortgage Acceptance Nominees Limited (the claimant) is the plaintiff in two of the actions and a defendant in the third. It challenges his Honour's orders.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate