Michael S.S. v Monitronix Ltd & Ors [1995] FCA 737

Michael S.S. v Monitronix Ltd & Ors [1995] FCA 737

Given the related proceedings and the interests of justice, the proceeding must be transferred to the Supreme Court of Western Australia under section 5 of the Jurisdiction of Courts (Cross-vesting) Act 1987.

Parties
Applicant: Shawky Shafeek Michael; Applicant: Joyce Mary Michael; First Respondent: Monitronix Limited (In Liquidation); Second Respondent: Bernard William Ridgeway; Second Respondent: David Christopher Nicolson; Second Respondent: Graham Charles Sylvester
Jurisdiction
Australia
Judgment Date
26 May 1995
Procedural Posture
Application to Transfer Proceedings / Ruling on Transfer Application
Outcome
Application granted. Proceeding transferred.
Legal Topics
Cross Vesting, Transfer of Proceedings, Stay of Proceedings, Employment Contracts, Misleading or Deceptive Conduct
Civil Procedure Court Jurisdiction Cross Vesting Transfer of Proceedings Stay of Proceedings Employment Contracts Misleading or Deceptive Conduct

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Shawky Shafeek Michael

Applicant

Joyce Mary Michael

Applicant

Monitronix Limited (In Liquidation)

First Respondent

Bernard William Ridgeway

Second Respondent

David Christopher Nicolson

Second Respondent

Graham Charles Sylvester

Second Respondent

Procedural Posture

Application to Transfer Proceedings / Ruling on Transfer Application

Legal Issues

  1. 1 Whether the proceeding should be transferred to the Supreme Court of Western Australia under cross-vesting legislation.
  2. 2 Whether it is more appropriate or in the interests of justice for the Supreme Court to determine the proceeding.

Ratio Decidendi

Given the related proceedings and the interests of justice, the proceeding must be transferred to the Supreme Court of Western Australia under section 5 of the Jurisdiction of Courts (Cross-vesting) Act 1987.

Court Disposition

Application granted. Proceeding transferred.

Orders

  • The matter be transferred to the West Australian Supreme Court pursuant to Section 5 of the Jurisdiction of Courts (Cross-vesting) Act 1987.
  • Costs of the application be in the cause.