HBSY Pty Ltd v Lewis

Federal Court of Australia – Jurisdiction – Statutory construction – Where plaintiff brought proceedings in New South Wales Supreme Court – Where plaintiff relied on s 153 of Bankruptcy Act 1966 (Cth) – Whether Full Court of Federal Court of Australia had jurisdiction to hear and determine appeal involving matter arising under Bankruptcy Act – Whether s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) engaged – Whether s 24(1)(c) of Federal Court of Australia Act 1976 (Cth) engaged.

Words and phrases – "appellate jurisdiction", "cross-vesting", "Federal Court of Australia", "federal jurisdiction", "jurisdiction", "matter arising under", "right of appeal", "right to appeal", "Scheduled Act", "writ of certiorari", "writ of mandamus".

Acts Interpretation Act 1901 (Cth) – ss 15AA, 15C.

Bankruptcy Act 1966 (Cth) – s 153.

Federal Court of Australia Act 1976 (Cth) – ss 19, 24.

Judiciary Act 1903 (Cth) – ss 39, 39B.

Jurisdiction of Courts (Cross –vesting) Act 1987 (Cth), ss 4, 7.