Jin Niu Investments Pty Ltd v Wang [2019] NSWSC 1697

Supreme Court New South Wales

Medium Neutral Citation: Jin Niu Investments Pty Ltd v Wang [2019] NSWSC 1697 Hearing dates: 25 November 2019 Date of orders: 25 November 2019 Decision date: 25 November 2019 Jurisdiction: Common Law Before: Henry J Decision: (1) Order pursuant to s 6(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) that the proceedings be determined by this Court; and (2) the costs of the plaintiffs' motion are costs in the cause. Catchwords: CIVIL PROCEDURE – cross-vesting – special federal matter – leave sought to continue proceedings in the Supreme Court of NSW after defendant declared bankrupt – leave granted Legislation Cited: Bankruptcy Act 1966 (Cth), ss 27, 58, 116 Judiciary Act 1903 (Cth), s 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), ss 3, 6 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] 239 CLR 175 Henry v Hancock [2016] NSWSC 71 Jakimowicz v Jax [2016] VSCA 42 James & Ors v James (No. 2) [2019] NSWSC 116 Mateljan v HTT Huntley Heritage Pty Ltd [2016] NSWCA 20 Montgomery v Porter [2019] NSWSC 1524 Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of SP 68608 [2019] NSWSC 651 Sali v SPC Ltd [1993] 116 ALR 625 Truthful Endeavour Pty Ltd v Condon (2015) 233 FCR 174 Category: Procedural and other rulings Parties: Jin Niu Investments Pty Ltd (First Plaintiff) Henan Jin Niu Industrial (Group) Co Limited (Second Plaintiff) Jianqiang Wang (Third Plaintiff) Yuehin (Christine) Wang (First Defendant) Ping Li (Second Defendant) Jin Niu Property Development Pty Ltd (Third Defendant) Jin Niu Agribusiness Pty Ltd (Fourth Defendant) Australian Securities Investment Commission (as recipient of the property of NSW Land Pty Ltd) (Fifth Defendant) Representation: Counsel: Dr K Stern SC, Mr G Ng (Plaintiffs) Mr D Rayment (First Defendant)*