Coshott v Parker [2017] NSWSC 1098

Coshott v Parker [2017] NSWSC 1098

Exercise of jurisdiction to determine entitlement to set-off under s 86 of the Bankruptcy Act constitutes jurisdiction 'in bankruptcy,' which is exclusive to the Federal Court, and thus the proceedings must be transferred as a special federal matter.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Civil / Decision on Transfer Motion
Outcome
Proceedings transferred to Federal Court; costs awarded to applicants/defendants on transfer application
Legal Topics
['jurisdiction in Bankruptcy' 'special Federal Matter' 'cross Vesting' 'set Off Under Bankruptcy Act' 'vesting of Property in Trustee']
['bankruptcy' 'federal Jurisdiction'] ['jurisdiction in Bankruptcy' 'special Federal Matter' 'cross Vesting' 'set Off Under Bankruptcy Act' 'vesting of Property in Trustee']

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Procedural Posture

Civil / Decision on Transfer Motion

Legal Issues

  1. 1 ["Whether the proceedings constitute a 'special federal matter' requiring transfer to the Federal Court" 'Whether the Alleged Debts and Costs Claim vested in successive bankruptcy trustees under s 58(1) of the Bankruptcy Act' 'Whether upon discharge, the Alleged Debts and Costs Claim remain vested in the trustee' 'Whether a right of set-off exists under s 86 of the Bankruptcy Act']

Ratio Decidendi

Exercise of jurisdiction to determine entitlement to set-off under s 86 of the Bankruptcy Act constitutes jurisdiction 'in bankruptcy,' which is exclusive to the Federal Court, and thus the proceedings must be transferred as a special federal matter.

Court Disposition

Proceedings transferred to Federal Court; costs awarded to applicants/defendants on transfer application

Orders

  • ['Transfer the proceedings to the Federal Court of Australia pursuant to s 6(1) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)' "Order the respondents/plaintiffs to pay the applicants'/defendants' costs of their application for transfer made by amended notice of motion filed on 5 May 2017"]