Edlan No 54 v McIntyre [2003] NSWSC 1020

Reported Decision : 47 ACSR 691

New South Wales Supreme Court

CITATION : Edlan No 54 v McIntyre [2003] NSWSC 1020 HEARING DATE(S) : 31 October 2003 JUDGMENT DATE : 6 November 2003 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Federal Court judgments held "ineffective" - consequent orders for enforcement of rights.

CATCHWORDS : JURISDICTION - practice and procedure - Supreme Court - judgment given in Federal Court of Australia in invalid exercise of State Jurisdiction pre Wakim - plaintiff seeks declaration that Federal Court judgment is ineffective judgment under Federal Courts (State Jurisdiction) Act 1999 and consequent orders for enforcement of rights - whether Federal Court judgment ineffective - whether jurisdiction purported to be exercised by Federal Court was under cross-vesting legislation or corporations legislation - no question of accrued jurisdiction - whether Commonwealth Acts authorizing Federal Court to exercise jurisdiction purported to be conferred bear upon question of whether judgment ineffective. Corporations Act 1989, (Cth) s56(2) Corporations Law s232(6), s1317HA, s1317HD Corporations (New South Wales) Act 1990, s42(3) LEGISLATION CITED : Federal Courts (State Jurisdiction) Act (NSW) 1999, s4 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s9(2) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), s4 Trade Practices Act 1974 (Cth), s52 Continental Venture Capital Ltd v Amann Australia Pty Limited (2001) 53 NSWLR 687 CASES CITED : Gould v Brown (1998) 193 CLR 346 Re Marks & Ors; Ex parte Saint (2000) 204 CLR 158 Re Wakim: Ex parte McNally (1999) 198 CLR 511 PARTIES : Edland No 54 Pty Limited (Plaintiff) Auro Romano McIntyre (Defendant) FILE NUMBER(S) : SC 1805 of 2002 COUNSEL : Mr D B McGovern SC with him Messrs I E Davidson and M P Cleary (Plaintiff) Mr B W Collins QC with him Mr R J Kelly (Defendant) SOLICITORS : Giles Payne & Co (Plaintiff) K A Garling (Defendant)