Tonbul Baykal v Terry Van Der Velde as trustee for bankrupt estate of Hakan Tandogan [2017] NSWSC 36

Supreme Court New South Wales

Medium Neutral Citation: Tonbul Baykal v Terry Van Der Velde as trustee for bankrupt estate of Hakan Tandogan [2017] NSWSC 36 Hearing dates: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Equity - Duty List Before: White J Decision: 1 Order that these proceedings be transferred to the Federal Court of Australia. 2 The costs of today's application will be costs in the proceedings. Catchwords: PRACTICE AND PROCEDURE – cross-vesting – transfer of proceedings – "special federal matter" – matter "in bankruptcy" - whether application seeking a declaration that property is held on constructive trust by trustee in bankruptcy is a special federal matter within the meaning of s 6(1) of the Jurisdiction of Courts (Cross Vesting Act) 1987 (Cth) – whether matter in bankruptcy is a special federal matter - whether Supreme Court required to order transfer of matter to the Federal Court –matter transferred to Federal Court Legislation Cited: Bankruptcy Act 1966 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Judiciary Act 1903 (Cth) National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) Cases Cited: Scott v Bagshaw (2000) 99 FCR 573; [2000] FCA 816 Turner v Gorkowski [2014] VSCA 248 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174; [2015] FCAFC 70 Mateljan v HTT Huntley Heritage Pty Ltd [2016] NSWCA 20; (2016) 111 ACSR 277 Category: Principal judgment Parties: Tonbul Baykal (Plaintiff) Jason Shane Cronan and Terry Grant Van Der Velde as trustees of the Bankrupt Estate of Hakan Tandogan (Defendants) Representation: Counsel: S Atila, solicitor (Plaintiff) B Skinner (Defendants)