Jemmott v ENA Development Pty Ltd (in liq) (Receiver Appointed) [2022] FCA 1134

Jemmott v ENA Development Pty Ltd (in liq) (Receiver Appointed) [2022] FCA 1134

Having regard to the interests of justice, including the substantial identity between relief sought in both this Court and the Supreme Court, the previous undertakings in the Supreme Court, issues of estoppel and abuse of process, and the efficient determination of overlapping factual and legal issues, it is more appropriate for the Supreme Court of New South Wales to determine the proceedings. There is no demonstrated prejudice to the plaintiff from transfer and the Supreme Court has jurisdiction and is the appropriate forum.

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Application for Transfer of Proceedings / Interlocutory (application for Transfer and Adjournment)
Outcome
Proceedings ordered to be transferred to the Supreme Court of New South Wales; application for adjournment refused.
Legal Topics
['transfer of Proceedings' 'jurisdiction' 'winding Up of Companies' 'corporate Insolvency']
['corporations Law' 'civil Procedure'] ['transfer of Proceedings' 'jurisdiction' 'winding Up of Companies' 'corporate Insolvency']

Case Brief

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Procedural Posture

Application for Transfer of Proceedings / Interlocutory (application for Transfer and Adjournment)

Legal Issues

  1. 1 ['Whether proceedings should be transferred to the Supreme Court of New South Wales pursuant to s 1337H of the Corporations Act 2001 (Cth) and r 27.21 of the Federal Court Rules 2011 (Cth)' 'Whether an adjournment of the hearing of the transfer application should be granted']

Ratio Decidendi

Having regard to the interests of justice, including the substantial identity between relief sought in both this Court and the Supreme Court, the previous undertakings in the Supreme Court, issues of estoppel and abuse of process, and the efficient determination of overlapping factual and legal issues, it is more appropriate for the Supreme Court of New South Wales to determine the proceedings. There is no demonstrated prejudice to the plaintiff from transfer and the Supreme Court has jurisdiction and is the appropriate forum.

Court Disposition

Proceedings ordered to be transferred to the Supreme Court of New South Wales; application for adjournment refused.

Orders

  • ['Pursuant to s 1337H of the Corporations Act 2001 (Cth) and r 27.21 of the Federal Court Rules 2011 (Cth), the proceedings NSD 662 of 2022 are transferred to the Supreme Court of New South Wales.' 'The costs of these proceedings to date and of the amended interlocutory process dated 14 September 2022 be costs in...