Spinks & Ors v Prentice S140/1998 [1999] HCATrans 175 (17 June 1999)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S74 of 1998

RE THE JUDGES OF THE FEDERAL COURT OF AUSTRALIA

First Respondents

GEORGE WAKIM

Second Respondent

Ex parte -

PETER J. McNALLY and TERENCE McNALLY

Prosecutors

Office of the Registry

Sydney No S107 of 1998

RE THE JUDGES OF THE FEDERAL COURT OF AUSTRALIA

First Respondents

GEORGE WAKIM

Second Respondent

Ex parte -

CHOLMONDELEY DARVALL QC

Prosecutor

Office of the Registry

Sydney No S118 of 1998

In the matter of -

Applications for Writs of Prohibition and Certiorari against SUSAN AGNEW, formerly a Registrar of the Federal Court of Australia

First Respondent

THE HONOURABLE BRIAN JOHN MICHAEL TAMBERLIN, A Judge of the Federal Court of Australia

Second Respondent

THE JUDGES AND REGISTRARS OF THE FEDERAL COURT OF AUSTRALIA

Third Respondents

MARTIN RUSSELL BROWN, Liquidator of Amann Aviation Pty Limited and AMANN AVIATION PTY LIMITED (IN LIQUIDATION) and BP AUSTRALIA LTD

Fourth Respondents

ROBERT OTTO AMANN & VANDA RUSSELL GOULD

Prosecutors/Applicants

Office of the Registry

Sydney No S 140 of 1998

B e t w e e n -

JOHN SPINKS, TRAVERS DUNCAN, ALLAN WELLS, GEOFFREY WHITE, WHITE CONSTRUCTIONS PTY LIMITED, WHITE INDUSTRIES AUSTRALIA LIMITED, WHITE INDUSTRIES PTY LIMITED, WHITE CONSTRUCTIONS PTY LIMITED, PDC CONSTRUCTIONS PTY LIMITED, PDC PLANT HIRE PTY LIMITED, WIL CIVIL AND MINING ENGINEERING PTY LIMITED, WHITE CONSTRUCTIONS PTY LIMITED, EXXON COAL AUSTRALIA LIMITED

Applicant

MAXWELL WILLIAM PRENTICE

Respondent

For Judgment

GLEESON CJ

McHUGH J

GUMMOW J

KIRBY J

HAYNE J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 17 JUNE 1999, AT 10.22 AM

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

GLEESON CJ: The reasons for judgment that have just been published concern four separate proceedings in the Court. All four proceedings raised questions about the validity of certain provisions of the Corporations Act 1989 (Cth) and the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) that provide for cross-vesting of jurisdiction between federal, State and Territory courts.

Six members of the Court (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ) are of the opinion that those provisions do not validly confer State jurisdiction on federal courts. Kirby J reaches the opposite conclusion on this point. All members of the Court are of the opinion that section 51(1) of the Corporations Act 1989 (Cth) validly conferred jurisdiction on a federal court (the Federal Court of Australia) with respect to the particular matters arising under the Corporations Law of the Australian Capital Territory in the fourth proceeding. The reasons of the Justices also consider a number of other issues that were raised by the proceedings in this Court.

The orders of the Court are:

In matter S74 of 1998 the application is dismissed with costs.

In matter S107 of 1998 the application is dismissed, the costs are reserved for consideration by a single Justice on application made on not less than seven days notice.

In matter S118 of 1998:

1. The first-named applicant's application to extend the time for application for a writ of certiorari to quash the orders of the Federal Court made on 7 July 1995 in proceedings VG3304 of 1992 is allowed.

2. On the application of the first-named applicant, order absolute in the first instance for a writ of certiorari to quash the orders of the Federal Court made on 7 July 1995 in proceedings VG3304 of 1992.

3. On the application of the first-named applicant, order absolute in the first instance for a writ of prohibition prohibiting the respondents from taking any further steps in the winding up of Amann Aviation Pty Limited (in liq.).

4. Otherwise, applications by the first and second-named applicants dismissed.

5. Respondents to pay the first-named applicant's costs.

In matter S140 of 1998:

1. Special leave to appeal granted.

2. Appeal treated as instituted and heard instanter, but dismissed with costs.

I publish those orders.

AT 10.35 THE MATTER WAS CONCLUDED