Official Trustee in Bankruptcy v Nedlands Pty Ltd (in liq) [2000] FCA 599

Official Trustee in Bankruptcy v Nedlands Pty Ltd (in liq) [2000] FCA 599

The Registrar had no actual power to make the winding up order because the subject matter did not fall within the Federal Court's original jurisdiction, but the Registrar acted as an officer of the Court under a delegation scheme that was not itself unconstitutional and that made his order subject to review by a Judge. The defect related to the jurisdiction purportedly exercised, not to the constitutional status of the Registrar. The order was therefore attributable to the Federal Court as a superior court of record and was voidable, not void, and it was not liable to be quashed by certiorari in this proceeding.

Jurisdiction
Australia
Judgment Date
12 May 2000
Procedural Posture
Motion Concerning the Validity of a Registrar's Winding Up Order / Application to Vacate or Set Aside, Stay, Declare Invalid, or Quash by Certiorari a Winding Up Order Made on 20 September 1994
Outcome
Motion dismissed with costs.
Legal Topics
['delegation of Powers to Registrars' 'winding Up Orders' 'void and Voidable Orders' 'certiorari' 'superior Court of Record']
['federal Jurisdiction' 'constitutional Law' 'corporations Law' 'civil Procedure'] ['delegation of Powers to Registrars' 'winding Up Orders' 'void and Voidable Orders' 'certiorari' 'superior Court of Record']

Case Brief

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Procedural Posture

Motion Concerning the Validity of a Registrar's Winding Up Order / Application to Vacate or Set Aside, Stay, Declare Invalid, or Quash by Certiorari a Winding Up Order Made on 20 September 1994

Legal Issues

  1. 1 ['Whether a winding up order made by a Registrar under an ineffective delegation was void ab initio or merely voidable' "Whether a voidable Registrar's order could be quashed by an order in the nature of certiorari" 'Whether the Federal Court had jurisdiction in the motion to determine whether the purported order of the Court was a nullity']

Ratio Decidendi

The Registrar had no actual power to make the winding up order because the subject matter did not fall within the Federal Court's original jurisdiction, but the Registrar acted as an officer of the Court under a delegation scheme that was not itself unconstitutional and that made his order subject to review by a Judge. The defect related to the jurisdiction purportedly exercised, not to the constitutional status of the Registrar. The order was therefore attributable to the Federal Court as a superior court of record and was voidable, not void, and it was not liable to be quashed by certiorari in this proceeding.

Court Disposition

Motion dismissed with costs.

Orders

  • ['the motion be dismissed with costs.']