FEDERAL COURT OF AUSTRALIA
Raghubir v Nicolopoulos [2022] FCAFC 97
Appeal from: Raghubir v Nicolopoulos [2021] FCA 1073 File number(s): NSD 1021 of 2021 Judgment of: ALLSOP CJ, KENNY AND JAGOT JJ Date of judgment: 3 June 2022 Catchwords: HIGH COURT AND FEDERAL COURT – appeal from single judge of the Federal Court – whether the Federal Court has jurisdiction to hear the appellants’ defamation claim – alleged defamatory publications made only within New South Wales – first respondent resident of New South Wales – other respondents being incorporated pursuant to the Strata Schemes Management Act 2015 (NSW) – whether service within Australia but outside the Australian Capital Territory sufficient to enliven jurisdiction for in personam actions – appeal dismissed Legislation: Constitution, s 122
Corporations Act 2001 (Cth), s 5F(2)
Federal Court of Australia Act 1976 (Cth), ss 18, 19(1)
Judiciary Act 1903 (Cth), s 39B(1A)
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 9(3)
Service and Execution of Process Act 1901 (Cth), ss 4, 11 (repealed)
Service and Execution of Process Act 1992 (Cth), ss 12, 15
Federal Court Rules 2001 (Cth)
Civil Law (Wrongs) Act 2002 (ACT), s 123
Defamation Act 2005 (NSW)
Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT), s 4(1)
Strata Schemes Management Act 2015 (NSW), ss 8, 11–13
Supreme Court Act 1933 (ACT), s 20
Civil Procedure Rules 2006 (ACT), r 6430
Supreme Court Rules 1937 (ACT), Order 3, r 4 (repealed)
Cases cited: Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16
Crosby v Kelly [2012] FCAFC 96; 203 FCR 451
Cotter v Workman (1972) 20 FLR 318
Dawson v Baker (1994) 120 ACTR 11
Dow Jones & Co Inc v Gutnick [2002] HCA 56; 210 CLR 575
Gosper v Sawyer [1985] HCA 19; 160 CLR 548
Johnston v Road and Traffic Authority (NSW) [1999] ACTSC 140; 30 MVR 212
Kontis v Barlin (1993) 115 ACTR 11
Oliver v Nine Network Australia Pty Ltd [2019] FCA 583
Rana v Google Inc [2017] FCAFC 156; 254 FCR 1
Renuka Raghubir v Christine Nicolopoulos [2022] NSWSC 386
Swanson v Harley (1995) 103 NTR 25
Thomson Australian Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; 148 CLR 150
White Enhancements Pty Ltd v Quick Fit Tyre Service Pty Ltd [2008] ACTSC 122; 221 FLR 409
Division: General Division Registry: New South Wales National Practice Area: Other Federal Jurisdiction Number of paragraphs: 43 Date of hearing: 17 May 2022 Counsel for the Appellants: The appellants appeared in person Counsel for the First Respondent: Ms Karen Conte-Mills Solicitor for the First Respondent: Harb Lawyers Counsel for Second, Third, Fourth, Fifth, Sixth and Seventh Respondents: The second, third, fourth, fifth, sixth and seventh respondents did not appear Amicus curiae: Mr Richard Lancaster SC ORDERS
NSD 1021 of 2021 BETWEEN: RENUKA RAGHUBIR
First Appellant
VIRENDRA SINGH
Second Appellant
AND: CHRISTINE NICOLOPOULOS
First Respondent
STRATA MANAGER SP7526
Second Respondent
STRATA TREASURER SP7526
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- AGLC
- Raghubir v Nicolopoulos [2022] FCAFC 97
- Case
- [2022] FCAFC 97
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Federal Court had the requisite jurisdiction to hear the defamation claim, given that the alleged defamatory publications were made within New South Wales and the first respondent was a resident of that state. The appellants argued that the Federal Court had jurisdiction under section 39B(1) of the Judiciary Act 1903 (Cth), which confers original jurisdiction on the Federal Court. The respondents contended that the Court lacked jurisdiction because the appellants had not served the first respondent within the Australian Capital Territory, as required by section 32(1) of the Judiciary Act. The Court needed to determine whether the exceptions under section 39B(2) of the Judiciary Act applied to allow service outside the Australian Capital Territory.
The Court held that the Federal Court did not have jurisdiction to hear the appellants’ defamation claim. The Court found that the exceptions under section 39B(2) of the Judiciary Act did not apply, as the alleged defamatory publications were made within New South Wales, and the first respondent was a resident of that state. The Court concluded that service within Australia but outside the Australian Capital Territory was not sufficient to enliven the Court's jurisdiction for in personam actions. Consequently, the appeal was dismissed, and the appellants were ordered to pay the first respondent’s costs of the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellants pay the first respondent’s costs of the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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