McNamara's Group Constructions Pty Ltd v The University of Western Sydney & Anor [1997] FCA 732

McNamara's Group Constructions Pty Ltd v The University of Western Sydney & Anor [1997] FCA 732

The proceeding was plainly a multifaceted building case involving detailed consideration of many aspects of the works. Because the Supreme Court of New South Wales had a Construction List and the facility under Pt 72 of the Supreme Court Rules to refer appropriate questions to a referee in an informal, quick and cheap process, the case could be better managed there and it was in the interests of justice to transfer it. The applicant's offer of compromise could be considered by the Supreme Court when making any eventual costs order, the filing fee difference did not affect the applicant's ability to sustain litigation, and transfer did not acquire any property or right to litigate in the...

Jurisdiction
Australia
Judgment Date
08 August 1997
Procedural Posture
Building and Construction Proceeding Including Contract, Negligence, Trade Practices Act 1974 and Fair Trading Act 1987 (nsw) Claims / Respondents' Opposed Motion Under S 5(4) of the Jurisdiction of Courts (cross Vesting) Act 1987 to Transfer the Proceeding to the Supreme Court of New South Wales
Outcome
Proceeding transferred to the Supreme Court of New South Wales; applicant ordered to pay the respondents' costs of the transfer motion.
Legal Topics
['transfer of Proceedings' 'interests of Justice' 'construction List' 'reference to Referee' 'building Contract Disputes' 'offer of Compromise' 'filing Fees' 'acquisition of Property on Just Terms']
['civil Procedure' 'cross Vesting' 'building and Construction' 'contract' 'trade Practices' 'negligence'] ['transfer of Proceedings' 'interests of Justice' 'construction List' 'reference to Referee' 'building Contract Disputes' 'offer of Compromise' 'filing Fees' 'acquisition of Property on Just Terms']

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Procedural Posture

Building and Construction Proceeding Including Contract, Negligence, Trade Practices Act 1974 and Fair Trading Act 1987 (nsw) Claims / Respondents' Opposed Motion Under S 5(4) of the Jurisdiction of Courts (cross Vesting) Act 1987 to Transfer the Proceeding to the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether it was in the interests of justice under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 for the proceeding to be determined by the Supreme Court of New South Wales.' 'Whether the nature and complexity of the building dispute made the Supreme Court Construction List and possible reference to a referee more appropriate than determination in the Federal Court.' "Whether the applicant's offer of compromise under O 23 of the Federal Court Rules or the difference in filing fees should weigh against transfer." 'Whether transfer would amount to an acquisition of property otherwise than on just terms within s 51(xxxi) of the Constitution.']

Ratio Decidendi

The proceeding was plainly a multifaceted building case involving detailed consideration of many aspects of the works. Because the Supreme Court of New South Wales had a Construction List and the facility under Pt 72 of the Supreme Court Rules to refer appropriate questions to a referee in an informal, quick and cheap process, the case could be better managed there and it was in the interests of justice to transfer it. The applicant's offer of compromise could be considered by the Supreme Court when making any eventual costs order, the filing fee difference did not affect the applicant's ability to sustain litigation, and transfer did not acquire any property or right to litigate in the...

Court Disposition

Proceeding transferred to the Supreme Court of New South Wales; applicant ordered to pay the respondents' costs of the transfer motion.

Orders

  • ['Pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 the proceeding is transferred to the Supreme Court of New South Wales.' "The applicant pay the respondents' costs of the motion for transfer of the proceeding."]