Nandutu v University of Sydney [2018] FCA 1118

Nandutu v University of Sydney [2018] FCA 1118

The proceeding in the Federal Court arises from the same or substantially similar facts as proceedings already pending in the Supreme Court of New South Wales and, taking into account jurisdiction, the nature of the claims, and the overlap, it is more appropriate that the Supreme Court determines all matters; hence, transfer was ordered under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Application for Transfer of Proceedings / Preliminary/case Management – Determination of Transfer to Supreme Court of New South Wales
Outcome
Application granted – proceeding transferred to Supreme Court of New South Wales
Legal Topics
['transfer of Proceedings' 'jurisdiction' 'negligence' 'breach of Duty of Care' 'discrimination' 'university/education Law']
['practice and Procedure' 'torts' 'consumer Law' 'human Rights'] ['transfer of Proceedings' 'jurisdiction' 'negligence' 'breach of Duty of Care' 'discrimination' 'university/education Law']

Case Brief

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Procedural Posture

Application for Transfer of Proceedings / Preliminary/case Management – Determination of Transfer to Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether proceeding should be transferred to the Supreme Court of New South Wales under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)' 'Whether the claims in the Federal Court are substantially related to existing proceedings in the Supreme Court of New South Wales' 'Whether the Federal Court has jurisdiction over the claims']

Ratio Decidendi

The proceeding in the Federal Court arises from the same or substantially similar facts as proceedings already pending in the Supreme Court of New South Wales and, taking into account jurisdiction, the nature of the claims, and the overlap, it is more appropriate that the Supreme Court determines all matters; hence, transfer was ordered under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).

Court Disposition

Application granted – proceeding transferred to Supreme Court of New South Wales

Orders

  • ['This proceeding is transferred to the Supreme Court of New South Wales pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).' 'The costs of the proceedings in this Court be costs in the proceedings as transferred.']