NSW Caselaw
New South Wales Supreme Court
CITATION : AMP Crossroads Pty Ltd v Homewares Depot Pty Ltd [2009] NSWSC 751
HEARING DATE(S) : 28/07/09
JUDGMENT DATE : 28 July 2009
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 28 July 2009
DECISION : Plaintiff's strike-out motion should be addressed before the application of the first and second defendants for cross-vesting of the proceedings to the Federal Court.
CATCHWORDS : PROCEDURE - cross-vesting - "special federal matter" - cross-claim makes claims based on s 45 and s 46 of Trade Practices Act 1974 - plaintiff seeks order striking out relevant parts of cross-claim - strike out motion is before the court - whether the proceeding is at this point one in which a "special federal matter" is for determination - held that that question falls to be determined after close of pleadings only
LEGISLATION CITED : Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 3, 6 Trade Practices Act 1974, Part IV, ss 45, 46
CATEGORY : Procedural and other rulings
Computershare Ltd v Perpetual Registrars Ltd (No 3) [2000] VSC 286; (2000) 2 VR 666 Felton v Mulligan [1971] HCA 39; (1971) 124 CLR 367 CASES CITED : Magenta Nominees Pty Ltd v Pridmore (unreported WASCA, 8 October 1998, Malcolm CJ, Murray and Parker JJ, BC9805209 Matland Holdings Pty Ltd v NTZ Pty Ltd [1999] VSC 333; (1999) 157 FLR 364 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett [1945] HCA 50; (1945) 70 CLR 141 at 154
AMP Crossroads Pty Limited - Plaintiff PARTIES : Homewares Depot Pty Limited - First Defendant Craig Robert Kelly - Second Defendant Philip John Kelly - Third Defendant
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