Eden Constructions v State of New South Wales [2004] NSWSC 410

New South Wales Supreme Court

CITATION : Eden Constructions v State of New South Wales [2004] NSWSC 410 HEARING DATE(S) : 7 May 2004 JUDGMENT DATE : 7 May 2004

JUDGMENT OF : McDougall J at 1 DECISION : Paragraphs [24]-[27],[41],[42]

CATCHWORDS : CROSS-VESTING - notice of motion seeking order under s 6(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) - where special federal matter and non special federal matter claims pleaded - attraction of non federal jurisdiction to a case involving the exercise of federal jurisdiction - where all aspects of the plaintiff's claim arise from common factual matrix - whether claims other than the special federal matter within the jurisdiction of the Federal Court - whether "special reasons" why matter should be heard in Supreme Court - relevance of specialist Technology and Construction List - COSTS - where defendant neither opposed nor consented to making of order under s 6(3) - whether costs should follow the event Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 CASES CITED : Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559 Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590 PARTIES : Eden Constructions Pty Limited (Plaintiff) State of New South Wales (Defendant) FILE NUMBER(S) : SC 55025/03 COUNSEL : C Ward (for plaintiff) G Curtin (for defendant) SOLICITORS : Johninfo Lawyers (for plaintiff) Crown Solicitors Office (for defendant)