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

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

The proceedings are found to involve a special federal matter as they may impact property subject to bankruptcy, and special reasons exist for the Supreme Court to hear the case, considering the proceedings' advanced stage and the potential for cost and delay if transferred.

Parties
First Plaintiff: Jin Niu Investments Pty Ltd; Second Plaintiff: Henan Jin Niu Industrial (Group) Co Limited; Third Plaintiff: Jianqiang Wang; First Defendant: Yuehin (Christine) Wang; Second Defendant: Ping Li; Third Defendant: Jin Niu Property Development Pty Ltd; Fourth Defendant: Jin Niu Agribusiness Pty Ltd; Fifth Defendant: Australian Securities Investment Commission (as recipient of the property of NSW Land Pty Ltd)
Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Procedural and Other Rulings / Notice of Motion Regarding Determination of Proceedings by Supreme Court After Bankruptcy of Defendant
Outcome
Proceedings to be determined by Supreme Court of NSW; plaintiffs' motion costs are costs in the cause.
Legal Topics
Cross Vesting, Special Federal Matter, Leave to Continue After Bankruptcy
Civil Procedure Cross Vesting Special Federal Matter Leave to Continue After Bankruptcy

Case Brief

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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

Procedural Posture

Procedural and Other Rulings / Notice of Motion Regarding Determination of Proceedings by Supreme Court After Bankruptcy of Defendant

Legal Issues

  1. 1 Whether the proceedings involve a special federal matter under s 3(1)(e) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
  2. 2 Whether there are special reasons for the Supreme Court to determine the proceedings rather than transfer to the Federal Court

Ratio Decidendi

The proceedings are found to involve a special federal matter as they may impact property subject to bankruptcy, and special reasons exist for the Supreme Court to hear the case, considering the proceedings' advanced stage and the potential for cost and delay if transferred.

Court Disposition

Proceedings to be determined by Supreme Court of NSW; plaintiffs' motion costs are costs in the cause.

Orders

  • Order pursuant to s 6(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) that the proceedings be determined by this Court.
  • The costs of the plaintiffs' motion are costs in the cause.