Edlan No 54 v McIntyre [2003] NSWSC 1020

Edlan No 54 v McIntyre [2003] NSWSC 1020

The Federal Court judgments and orders in question were given in purported exercise of jurisdiction conferred by a relevant State Act (here, the Corporations (New South Wales) Act 1990 and/or cross-vesting legislation), and therefore are 'ineffective judgments' under s4 of the Federal Courts (State Jurisdiction) Act 1999, enforceable as judgments of the Supreme Court.

Jurisdiction
Australia
Judgment Date
06 November 2003
Procedural Posture
Equity Proceedings / Judgment on Application for Declaration and Consequential Orders
Outcome
Declaration granted; orders to be stood over to settle form of appropriate orders, including enforcement and trustee for sale; operation of order for sale postponed for 28 days for payment opportunity.
Legal Topics
['ineffective Judgments' 'cross Vesting Legislation' 'enforcement of Rights' 'federal Court Jurisdiction' "vendor's Lien"]
['jurisdiction' 'corporations Law'] ['ineffective Judgments' 'cross Vesting Legislation' 'enforcement of Rights' 'federal Court Jurisdiction' "vendor's Lien"]

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Procedural Posture

Equity Proceedings / Judgment on Application for Declaration and Consequential Orders

Legal Issues

  1. 1 ["Whether Federal Court judgments in State matters, given prior to Re Wakim, are 'ineffective judgments' under s4 of the Federal Courts (State Jurisdiction) Act 1999 (NSW)" 'Whether the Federal Court purported to exercise jurisdiction under the cross-vesting or corporations legislation' "Whether the Federal Court's orders may be enforced as if judgments of the Supreme Court"]

Ratio Decidendi

The Federal Court judgments and orders in question were given in purported exercise of jurisdiction conferred by a relevant State Act (here, the Corporations (New South Wales) Act 1990 and/or cross-vesting legislation), and therefore are 'ineffective judgments' under s4 of the Federal Courts (State Jurisdiction) Act 1999, enforceable as judgments of the Supreme Court.

Court Disposition

Declaration granted; orders to be stood over to settle form of appropriate orders, including enforcement and trustee for sale; operation of order for sale postponed for 28 days for payment opportunity.

Orders

  • ['The Federal Court judgments and orders in question are declared ineffective judgments under s4 of the Federal Courts (State Jurisdiction) Act 1999.' 'Orders to enable enforcement of rights consistent with the declaration to be settled, including provision for appointment of trustees for sale; operation of order...