Eastern Basin Pty Ltd v Maritime Union of Australia [1999] NSWSC 231

Eastern Basin Pty Ltd v Maritime Union of Australia [1999] NSWSC 231

Because there exists a real, albeit not necessarily strong, argument as to the Supreme Court's jurisdiction and urgent facilities are available in the Federal Court, the interests of justice require the proceedings be transferred to the Federal Court of Australia, New South Wales District Registry.

Jurisdiction
Australia
Judgment Date
22 March 1999
Procedural Posture
Interlocutory Application / Transfer Application Prior to Substantive Hearing
Outcome
proceedings transferred
Legal Topics
['cross Vesting' 'jurisdiction' 'transfer of Proceedings' 'urgent Interlocutory Relief']
['civil Procedure'] ['cross Vesting' 'jurisdiction' 'transfer of Proceedings' 'urgent Interlocutory Relief']

Case Brief

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Procedural Posture

Interlocutory Application / Transfer Application Prior to Substantive Hearing

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has jurisdiction to deal with proceedings pursuant to s414 of the Workplace Relations Act 1996 (Cth)' 'Whether proceedings should be transferred to the Federal Court of Australia under the Jurisdiction of Courts (Cross Vesting) Act 1987']

Ratio Decidendi

Because there exists a real, albeit not necessarily strong, argument as to the Supreme Court's jurisdiction and urgent facilities are available in the Federal Court, the interests of justice require the proceedings be transferred to the Federal Court of Australia, New South Wales District Registry.

Court Disposition

proceedings transferred

Orders

  • ['Proceedings 1254/99 in the Equity Division of this Court be transferred to the Federal Court of Australia, New South Wales District Registry.' 'Costs of today are reserved.']