NSW Caselaw
New South Wales Court of Appeal
CITATION: Business Insurance Australia Pty Ltd v District Court of New South Wales & Anor [2006] NSWCA 383
HEARING DATE(S): 14 August 2006
JUDGMENT DATE: 20 December 2006
JUDGMENT OF: Handley JA at 1; Beazley JA at 40; Ipp JA at 41
DECISION: 1. Declare that the Judicial Registrar of the District Court did not have jurisdiction under s 1335 of the Corporations Act to hear and determine the notice of motion for security for costs filed on 24 January 2006.; 2. Declare that the Judicial Registrar had jurisdiction under the Uniform Civil Procedure Rules Pt 42 r 21(d) to hear and determine that notice of motion.; 3. Summons for judicial review otherwise dismissed.; 4. Summons for leave to appeal dismissed.; 5. Claimant to pay the costs of the first and second opponents, the costs of the first opponent on a submitting basis.
CATCHWORDS: DISTRICT COURT – Judicial Registrar – powers – appellate review - FEDERAL JURISDICTION – Court of State – exercise by officer of Court – exercise not subject to appellate review - FEDERAL JURISDICTION – concurrent State jurisdiction – no intention to cover field - CORPORATIONS ACT – Federal jurisdiction – no intention to cover field
Corporations Act 2001 Courts Legislation Amendment Act (No 23 of 2006) Courts Legislation Amendment Act (No 68 of 2004) LEGISLATION CITED: District Court Act 1973 District Court Rules 1973 The Constitution Uniform Civil Procedure Rules 2005
Bawn Pty Ltd v Metropolitan Meat Industry Board (1970) 72 SR (NSW) 466 CA Colonial Sugar Refining Company v Irving [1905] AC 369 Commonwealth v Hospital Contribution Fund of Australia (1982) 150 CLR 49 Fedfa v Broken Hill Pty Co Ltd (1913) 16 CLR 245 Harris v Caladine (1991) 172 CLR 84 CASES CITED: Lemm v Mitchell [1912] AC 400 Maxwell v Murphy (1957) 96 CLR 261 McGlew v The New South Wales Malting Co Ltd (1918) 25 CLR 416 The Commonwealth v Hospital Contributions Fund of Australia (1982) 150 CLR 49 Trust Company of Australia Ltd v Skiwing Pty Ltd [2006] NSWCA 185 Zainal Bin Hashim v Government of Malaysia [1980] AC 734
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