Continental Venture Capital Ltd v Amann Aviation Pty Ltd (in liq)

Continental Venture Capital Ltd (appellant) appealed against a decision of the Supreme Court of New South Wales concerning the validity of proceedings initiated in that court. The dispute arose from the appellant's reliance on orders made by the Federal Court of Australia, which were later found to have been made without jurisdiction. The appellant argued that the Supreme Court proceedings were therefore fatally flawed.

The central legal issue before the Court of Appeal was whether the Supreme Court of New South Wales had jurisdiction to proceed with the matter, given that its jurisdiction was purportedly invoked by orders of the Federal Court that were subsequently determined to be invalid. This involved considering the implications of the High Court's decision in *Re Wakim* and related authorities, particularly concerning the effect of judgments made without jurisdiction and the operation of cross-vesting legislation. The court also had to determine if the Supreme Court proceedings constituted a contempt of a prohibition order made by the High Court.

The Court of Appeal reasoned that the Supreme Court's jurisdiction was not derived from the Federal Court's orders but rather from the State Jurisdiction Act and its own inherent powers. The court held that the invalidity of the Federal Court's orders did not retroactively invalidate the Supreme Court's jurisdiction, as the State Jurisdiction Act created its own rights and obligations. Furthermore, the court found no evidence that the Supreme Court proceedings were in contempt of any High Court prohibition.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.