Singapore Liason Pty Ltd v Coote [1999] FCA 1372

Singapore Liason Pty Ltd v Coote [1999] FCA 1372

The Federal Court does not have jurisdiction to hear an application to set aside a statutory demand under s 459G of the Corporations Law, and the proceedings should be dismissed to permit the applicant to apply in the Supreme Court of Queensland.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Application to Set Aside Statutory Demand / Dismissal for Lack of Jurisdiction
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
['statutory Demand' 'federal Versus State Jurisdiction' 'cross Vesting']
['corporations Law' 'jurisdiction'] ['statutory Demand' 'federal Versus State Jurisdiction' 'cross Vesting']

Source-derived case record

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Procedural Posture

Application to Set Aside Statutory Demand / Dismissal for Lack of Jurisdiction

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to entertain an application to set aside a statutory demand under s 459G of the Corporations Law after Re Wakim; Ex parte McNally [1999] HCA 27' 'Appropriate order in light of lack of jurisdiction']

Ratio Decidendi

The Federal Court does not have jurisdiction to hear an application to set aside a statutory demand under s 459G of the Corporations Law, and the proceedings should be dismissed to permit the applicant to apply in the Supreme Court of Queensland.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • ['The application is dismissed.' "The applicant pay the respondents' costs of and incidental to the application, to be taxed if not agreed."]