Andrew Sallway and Helen Newman in their capacity as liquidators of MB Australia Pty Ltd (In Liquidation) v Citadel Group Properties Pty Ltd [2021] NSWSC 709

Procedural Posture

Civil Procedure Motion for an Order Under S 6(3) of the Jurisdiction of Courts (cross Vesting) Act 1987 (nsw) That the Proceedings Be Determined by the Supreme Court of New South Wales / Ex Tempore Judgment on Notice of Motion Filed on 14 May 2021

Legal Issues

1. 1 ['Whether a matter for determination in the proceedings was or could be a special federal matter because the eighth and ninth defendants were undischarged bankrupts and relief might affect provable debts or the title of their trustees to property in their bankrupt estates.' 'Whether there were special reasons under s 6(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), other than reasons relevant to the convenience of the parties, warranting that the proceedings be determined by the Supreme Court of New South Wales.']

Ratio Decidendi

Special reasons existed for the proceedings to be determined by the Supreme Court of New South Wales: the proceedings were regularly instituted in that Court, were appropriate for the Commercial List and would be dealt with expeditiously; they involved possible orders concerning the Register under the Real Property Act 1900 (NSW); they did not appear to require resolution of any significant question involving a special federal matter; the possible special federal matter concerned only the two bankrupt defendants among 15 parties; the first to seventh defendants supported the application; the Haikins' trustee did not oppose it; and no Attorney-General opposed the order.

Court Disposition

Motion granted; the proceedings were ordered to be determined by the Supreme Court of New South Wales.

Orders

• ['Pursuant to s 6(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), the proceedings be determined by this Court.']