French v Provident Capital Limited (Receivers and Managers Appointed) (in Liquidation)

[2020] HCASL 46

FRENCH

v
PROVIDENT CAPITAL LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) & ANOR

[2020] HCASL 46
S303/2019

1. The applicant seeks an order under s 40 of the Judiciary Act 1903 (Cth) to remove to this Court the whole of the cause now pending in the Court of Appeal of the Supreme Court of New South Wales constituted of the applicant's appeal from the judgment of the Supreme Court of New South Wales (Parker J) given on 15 August 2019.

2. The applicant contends that the appeal involves the application of s 51(xviii) of the Constitution and is wholly within federal jurisdiction. But the contention is misplaced. In truth, the applicant identifies no genuine constitutional question or other sufficient justification for the fragmentation of the ordinary appellate process.

3. Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct that the application be determined without listing it for hearing. We order that the application be dismissed, and that the applicant pay the first respondent's costs of the application.

G.A.A Nettle	M.M Gordon
11 March 2020