CPPIB Credit Investments Inc v Ren (No 2) [2018] NSWSC 1016

CPPIB Credit Investments Inc v Ren (No 2) [2018] NSWSC 1016

The notice of motion was dismissed because Mr Ren's bankruptcy did not convert these proceedings into a special federal matter, and s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) did not empower the Supreme Court to transfer the proceedings to the Federal Circuit Court. A possible amendment to seek transfer to the Federal Court had no apparent utility because there were no Federal Court proceedings involving Ms Kong.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Civil Procedure Application for Cross Vesting Transfer / Notice of Motion Filed 21 June 2018
Outcome
Applicant's notice of motion is dismissed with costs.
Legal Topics
['s 6 of the Jurisdiction of Courts (cross Vesting) Act 1987 (cth)' 'special Federal Matter' 'transfer to the Federal Circuit Court' 'freezing Order']
['civil Procedure' 'cross Vesting' 'equity Commercial List'] ['s 6 of the Jurisdiction of Courts (cross Vesting) Act 1987 (cth)' 'special Federal Matter' 'transfer to the Federal Circuit Court' 'freezing Order']

Case Brief

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Procedural Posture

Civil Procedure Application for Cross Vesting Transfer / Notice of Motion Filed 21 June 2018

Legal Issues

  1. 1 ['Whether the proceedings had become a special federal matter for the purposes of s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).' 'Whether the Supreme Court could transfer the proceedings to the Federal Circuit Court under s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).']

Ratio Decidendi

The notice of motion was dismissed because Mr Ren's bankruptcy did not convert these proceedings into a special federal matter, and s 6 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) did not empower the Supreme Court to transfer the proceedings to the Federal Circuit Court. A possible amendment to seek transfer to the Federal Court had no apparent utility because there were no Federal Court proceedings involving Ms Kong.

Court Disposition

Applicant's notice of motion is dismissed with costs.

Orders

  • ["The applicant's notice of motion filed 21 June 2018 be dismissed with costs."]