Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd

In the Supreme Court of New South Wales, Court of Appeal, Bramco Electronics Pty Ltd (the applicant) sought leave to appeal and appealed against an order made by the primary judge. The dispute concerned the operation of cross-vesting legislation and whether the Court of Appeal had jurisdiction to hear the application for leave to appeal and the subsequent appeal.

The central legal issue before the Court of Appeal was whether the jurisdiction exercised by the primary judge was in respect of a matter arising under the *Patents Act* in circumstances where proceedings could have been started in a prescribed court. This question directly impacted the Court of Appeal's own jurisdiction to entertain the appeal, given the provisions of the cross-vesting legislation.

The Court of Appeal, comprising Meagher, Barrett and Ward JJA, did not immediately determine the appeal. Instead, the Court directed the parties to show cause why, in the interests of justice as contemplated by section 7(7) of the *Jurisdiction of Courts (Cross-Vesting) Act 1987* (Cth), the Court should proceed to determine the summons seeking leave to appeal and, if leave were granted, the appeal itself. The parties were required to file written submissions on this jurisdictional issue within 21 days, with the Court indicating it would determine the matter on the papers unless oral submissions were requested.