Pantzer (as Liquidator of ACN 060 296 175 Pty Ltd) [2000] NSWSC 214

New South Wales Supreme Court

CITATION : Pantzer (as Liquidator of ACN 060 296 175 Pty Ltd) [2000] NSWSC 214 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4770/99 HEARING DATE(S) : 9 February and 3 March 2000 JUDGMENT DATE : 3 March 2000

ACN 060 296 175 Pty Ltd (formerly Royal Group Pty Limited) (P1) PARTIES : Warren Pantzer (as Liquidator of ACN 060 296 175 Pty Limited) (P2) FAI General Insurance Company Limited (D) JUDGMENT OF : Hamilton J

COUNSEL : S Gallant, Solicitor (P1 & 2) No appearance (D) SOLICITORS : Robinson Creais (P1 & 2) No appearance (D) CATCHWORDS : PROCEDURE [24] - Courts - Concurrent jurisdiction of different courts - Transfer of proceedings under cross-vesting legislation - Applications under Federal Courts (State Jurisdiction) Act 1999 to have order in proceeding in Federal Court treated as order of the Supreme Court - Who may make application in respect of winding up order - Company or liquidator? LEGISLATION CITED : Corporations Law, s 477 Federal Courts (State Jurisdiction) Act 1999, s 11 CASES CITED : Re Wakim; Ex parte McNally (1999) 73 ALJR 839 DECISION : Orders that summons be amended to join company as plaintiff and that winding up order be treated as an order of the Supreme Court.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

FRIDAY, 3 MARCH 2000

4770/99 WARREN PANTZER (AS LIQUIDATOR OF ACN 060 296 175 PTY LIMITED)

JUDGMENT

HIS HONOUR: 1 On 9 October 1998 the Federal Court of Australia in proceedings NG 3152/98 at the suit of FAI Insurance Company Limited made an order for the winding up of Royal Group Pty Limited (now known as ACN 060 296 175 Pty Limited (in liquidation)) ("the company") and appointed Warren Pantzer as liquidator. In proceedings N 3021/99 the Federal Court of Australia at the suit of Mr Pantzer, as liquidator of the company, on 22 February 1999 ordered the issue of examination summonses to various persons so that they might be examined in Court concerning the affairs of the company. On 16 June 1999 the High Court of Australia delivered judgment in Re Wakim; Ex parte McNally (1999) 73 ALJR 839. By reason of that judgment it became apparent that the Federal Court of Australia had no jurisdiction to entertain the above proceedings or make the orders aforesaid. 2 On 11 February 2000 in each of the above proceedings Gyles J in the Federal Court of Australia declared that that Court had no jurisdiction to hear and determine the proceedings. The orders of Gyles J were relevant orders within the meaning of s 11 of the Federal Courts (State Jurisdiction) Act 1999 ("the Act"). Subsection (2) of that section provides as follows: "(2) A person who was a party to a proceeding in which a relevant order is made may apply to the Supreme Court for an order that the proceeding be treated as a proceeding in the Supreme Court, and the Supreme Court may make such an order."