Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of Strata Plan 68608 [2019] NSWSC 651

Supreme Court New South Wales

Medium Neutral Citation: Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of Strata Plan 68608 [2019] NSWSC 651 Hearing dates: 25 October 2018; 21 March 2019; 16 April 2019; 3 May 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Equity - Corporations List Before: Parker J Decision: 2018/206261: The plaintiff was validly appointed as a director of the first defendant on 20 September 2016. The cross-claim be dismissed. The second defendant pay the costs of the plaintiff and of the third to thirteenth defendants of the proceedings.

2018/300151: Leave granted to the plaintiffs to appeal against the orders of the NSW Civil and Administrative Tribunal in proceedings numbers SC/24808 on 4 September 2018. Appeal allowed. Those orders be set aside and lieu thereof the proceedings be remitted to the Tribunal for final determination on the merits. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Federal Court — Special federal matter – whether Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 6 required proceedings to be transferred to the Federal Court as a "special federal matter" – whether proceedings "in bankruptcy" under Bankruptcy Act, s 27 – distinction between exercising jurisdiction "in bankruptcy" and recognising the effect of provisions of the Bankruptcy Act – whether proceedings a "special federal matter" where trustee in bankruptcy was joined as a party although made no claim, no party sought exercise of statutory powers under the Bankruptcy Act or an order declaring for or against the title of the trustee in bankruptcy to the relevant share in the company.