Green v Schneller [2001] NSWSC 897

Green v Schneller [2001] NSWSC 897

The Supreme Court of New South Wales does not have jurisdiction to grant leave under s.58(3)(b) of the Bankruptcy Act to proceed with the plaintiff's claim for avoidance of a fraudulent disposition, because exclusive jurisdiction is vested in the Federal Court, Federal Magistrates Court, or High Court. Accordingly, the plaintiff's notice of motion is dismissed.

Parties
Plaintiff: Richard Green; First Defendant: Jennifer Ann Schneller; Second Defendant: Paul Ronald Schneller
Jurisdiction
Australia
Judgment Date
16 October 2001
Procedural Posture
Civil Equity Proceedings / Notice of Motion for Leave Under S.58(3)(b) of the Bankruptcy Act and Notice of Motion to Permanently Stay or Dismiss Proceedings
Outcome
Plaintiff's notice of motion dismissed; second defendant's notice of motion adjourned.
Legal Topics
Fraudulent Disposition of Property, Jurisdiction Under Bankruptcy Act, Leave to Proceed Post Bankruptcy
Bankruptcy Property Law Fraudulent Disposition of Property Jurisdiction Under Bankruptcy Act Leave to Proceed Post Bankruptcy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 27 Party arguments 2
Sign in to unlock

Parties

Richard Green

Plaintiff

Jennifer Ann Schneller

First Defendant

Paul Ronald Schneller

Second Defendant

Procedural Posture

Civil Equity Proceedings / Notice of Motion for Leave Under S.58(3)(b) of the Bankruptcy Act and Notice of Motion to Permanently Stay or Dismiss Proceedings

Legal Issues

  1. 1 Is a proceeding in Supreme Court to avoid an allegedly fraudulent disposition a legal proceeding for purposes of Bankruptcy Act s.58(3)(b)?
  2. 2 Are such proceedings 'in respect of a provable debt'?
  3. 3 Does the Supreme Court have jurisdiction to grant leave under s.58(3)(b)?

Ratio Decidendi

The Supreme Court of New South Wales does not have jurisdiction to grant leave under s.58(3)(b) of the Bankruptcy Act to proceed with the plaintiff's claim for avoidance of a fraudulent disposition, because exclusive jurisdiction is vested in the Federal Court, Federal Magistrates Court, or High Court. Accordingly, the plaintiff's notice of motion is dismissed.

Court Disposition

Plaintiff's notice of motion dismissed; second defendant's notice of motion adjourned.

Orders

  • Plaintiff's notice of motion seeking leave under s.58(3)(b) of the Bankruptcy Act dismissed.
  • Second defendant's notice of motion for permanent stay or dismissal of proceedings adjourned to allow plaintiff opportunity to apply for leave to a court with jurisdiction.