Full Court Minute Books

Case S106/2023

HBSY Pty Ltd ACN 151 894 049 v. Lewis & Anor

Case No.

Case no S106/2023

Case Information

Catchwords

Courts – Jurisdiction – Cross-vesting – State court invested with federal jurisdiction – Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 7(3), 7(5) – Where dispute arose in respect of first defendant’s late aunt’s estate – Where first defendant’s brother director of Lewis Securities Ltd – Where estate’s largest asset money owing to it by Sir Moses Montefiore Jewish Home (“Montefiore sum”) – Where brother deposited Montefiore Sum with Lewis Securities – Where Lewis Securities entered liquidation and Montefiore sum lost – Where brother liable to estate and declared bankrupt – Where plaintiff purchased various assets from trustee in bankruptcy including interest in residue of estate – Where brother discharged from bankruptcy – Where plaintiff sought orders in Supreme Court revoking letters of administration granted to first defendant, or alternatively order that he be replaced as trustee – Where first defendant cross-claimed seeking declarations that plaintiff not entitled to be paid brother’s share of estate – Where plaintiff unsuccessful at first-instance – Where on 27 July 2022, plaintiff filed and served notice of intention to appeal to New South Wales Court of Appeal – Where on 31 August 2022, plaintiff’s legal advisers came to view appeal would concern matter arising under Bankruptcy Act 1966 (Cth) and would therefore have to be brought in Full Federal Court – Where plaintiff sought extension of time to appeal from judgment of Supreme Court of New South Wales to Full Court of Federal Court of Australia – Where Full Court held s 7(5) of Cross-Vesting Act did not apply and suggested plaintiff may wish to revive process it had commenced in Court of Appeal – Where plaintiff seeks writ of mandamus requiring Full Court to determine substantive appeal – Whether Full Court has jurisdiction to hear appeal – Proper construction of s 7(5) of Cross-Vesting Act

Documents*

30/08/2023 Application for Constitutional Writ

22/11/2023 Hearing (Single Justice, Canberra by video-connection)

12/12/2023 Order referring matter to the Full Court (Single Justice, 22/11/2023)

08/02/2024 Written submissions (Plaintiff)

08/02/2024 Chronology (Plaintiff)

22/02/2024 Written submissions (Attorney-General of the Commonwealth (intervening))

07/03/2024 Written submissions (First Defendant)

28/03/2024 Reply

*The due dates shown for documents on this page are indicative only.