Fewin Pty Limited v John Christopher Burke [2015] NSWSC 1411

Supreme Court New South Wales

Medium Neutral Citation: Fewin Pty Limited v John Christopher Burke [2015] NSWSC 1411 Hearing dates: 11 September 2015 Date of orders: 25 September 2015 Decision date: 25 September 2015 Jurisdiction: Common Law Before: Wilson J Decision: The Court orders:

1. Leave to file an Amended Statement of Claim is refused;

2. The Statement of Claim of 13 August 2014 is dismissed; and

3. Costs as agreed or assessed are awarded in the defendant's favour. Catchwords: BANKRUPTCY – Trustee – Jurisdiction of Federal Court and State Supreme Courts – "special federal matter" – frivolous and vexatious proceedings – dismissal of proceedings etc. for want of due despatch Legislation Cited: Bankruptcy Act 1966 Civil Procedure Act 2005 Judiciary Act 1903 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Chamberlain Group Pty Ltd v Kids for Life Pty Ltd [2015] NSWCA 241 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303; (2013) 303 ALR 199 Maria Gorkowski v Turner [2014] VSC 200; (2014) 285 FLR 66 Re Wakim, Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511 Truthful Endeavours Pty Ltd v Conson [2015] FCAFC; (2015) 231 ALR 483 Turner v Gorkowski [2014] VSCA 248 Category: Procedural and other rulings Parties: John Christopher Burke (Applicant/ Defendant) Fewin Pty Limited (Respondent/First Plaintiff) Ronald Michael Coshott (Respondent/ Second Plaintiff) Ljiljana Coshott (Respondent/ Third Plaintiff) Representation: Counsel: J.T. Johnson (Applicant) G. Gee (Respondent)