Lynn v White (Trustee), in the matter of Lynn [2000] FCA 429

Lynn v White (Trustee), in the matter of Lynn [2000] FCA 429

The orders made by the Federal Court without jurisdiction have been retrospectively validated by the Federal Courts (State Jurisdiction) Act 1999 (Vic), and as such, enforcement may proceed as if they had been made by the Supreme Court of Victoria. In the absence of any error on the part of the primary judge or grounds for reversal, it is inappropriate to make any substantive order on appeal, except for costs indemnity for the second respondent.

Jurisdiction
Australia
Judgment Date
06 April 2000
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
No substantive order made in relation to the appeal except as to costs; second respondent indemnified for costs from sale proceeds.
Legal Topics
['cross Vesting' 'jurisdictional Validity of Court Orders' 'validation Statutes' 'enforcement of Court Orders']
['bankruptcy' 'federal Jurisdiction' 'property Law'] ['cross Vesting' 'jurisdictional Validity of Court Orders' 'validation Statutes' 'enforcement of Court Orders']

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Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether orders made by the Federal Court pursuant to Victorian state Acts before the decision in Re Wakim were made without jurisdiction' 'Effect of the Federal Courts (State Jurisdiction) Act 1999 (Vic) in validating those orders' 'Whether any further order should be made in relation to the appeal']

Ratio Decidendi

The orders made by the Federal Court without jurisdiction have been retrospectively validated by the Federal Courts (State Jurisdiction) Act 1999 (Vic), and as such, enforcement may proceed as if they had been made by the Supreme Court of Victoria. In the absence of any error on the part of the primary judge or grounds for reversal, it is inappropriate to make any substantive order on appeal, except for costs indemnity for the second respondent.

Court Disposition

No substantive order made in relation to the appeal except as to costs; second respondent indemnified for costs from sale proceeds.

Orders

  • ['The second respondent be entitled to indemnify himself in respect of his costs of the appeal out of the proceeds of any sale by him of the house and land situated at 9 Lower Dandenong Road, Mentone.' 'Otherwise the Court makes no order in respect of the appeal.']