Gleeson as trustee for the bankrupt estate of Ren v Kong [2018] NSWSC 1275

Procedural Posture

Equity Commercial List; Civil Procedure Cross Vesting Application in Proceedings by a Trustee in Bankruptcy Concerning Appointment of Trustees for Sale and Proceeds of Property / Application for Transfer to the Federal Court of Australia Pursuant to S 6 of the Jurisdiction of Courts (cross Vesting) Act 1987 (cth)

Legal Issues

1. 1 ['Whether the proceedings comprised a special federal matter within the meaning of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).' 'Whether the Supreme Court of New South Wales was required to transfer the proceedings to the Federal Court of Australia under s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).' 'Whether there were special reasons for not transferring the proceedings to the Federal Court of Australia.']

Ratio Decidendi

The Trustee's claimed interest in the Warrawee property arose under the Bankruptcy Act 1966 (Cth), including s 58, so the proceedings involved a matter within the original jurisdiction of the Federal Court and were a special federal matter under the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth). Because no special reasons were advanced or found for retaining the matter, s 6 required transfer of the proceedings to the Federal Court of Australia.

Court Disposition

Proceedings transferred to the Federal Court of Australia; costs of the day to be costs in the proceedings.

Orders

• ['Order that these proceedings be transferred pursuant to s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) to the Federal Court of Australia.' 'Order that the costs of today be costs in the proceedings.']