Hamod v State of New South Wales [2003] FCA 146

Hamod v State of New South Wales [2003] FCA 146

The proceedings were capable of being cross-vested in their present pleading state because cross-vesting concerns proceedings rather than an originating process or finalised statement of claim, but the application should be restored for further hearing to address the Respondents' submissions, including interests of justice, pleading finalisation and costs issues.

Jurisdiction
Australia
Judgment Date
05 March 2003
Procedural Posture
Practice and Procedure; Application to Cross Vest Federal Court Proceedings to the Supreme Court of New South Wales / Adjourned for Resolution of the Applicants' Motion to Cross Vest
Outcome
Proceedings restored to the list for resolution of the Applicants' motion to cross-vest; costs reserved.
Legal Topics
['cross Vesting' 'amended Pleadings' 'costs' 'security for Costs']
['practice and Procedure' 'jurisdiction'] ['cross Vesting' 'amended Pleadings' 'costs' 'security for Costs']

Case Brief

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Procedural Posture

Practice and Procedure; Application to Cross Vest Federal Court Proceedings to the Supreme Court of New South Wales / Adjourned for Resolution of the Applicants' Motion to Cross Vest

Legal Issues

  1. 1 ['Whether proceedings may be cross-vested to the Supreme Court of New South Wales before a further amended statement of claim is filed.' "Whether the interests of justice require deferral of transfer until the Applicants' statement of claim is formalised." 'Whether outstanding costs, interest, security for costs and enforcement issues should be resolved before any cross-vesting order.']

Ratio Decidendi

The proceedings were capable of being cross-vested in their present pleading state because cross-vesting concerns proceedings rather than an originating process or finalised statement of claim, but the application should be restored for further hearing to address the Respondents' submissions, including interests of justice, pleading finalisation and costs issues.

Court Disposition

Proceedings restored to the list for resolution of the Applicants' motion to cross-vest; costs reserved.

Orders

  • ["Proceedings be restored to list on 20 March 2003 at 9:30 am for resolution of the Applicants' motion to cross-vest the same to the Supreme Court of New South Wales." 'Costs reserved.']