FEDERAL COURT OF AUSTRALIA
Robins v Incentive Dynamics Pty Ltd [1999] FCA 1651
JURISDICTION – Court exercising appellate jurisdiction – jurisdiction to set aside decision made without jurisdiction – form of orders – whether relief should be withheld or modified to enable respondents to take advantage of Federal Courts (State Jurisdiction) Act 1999 (Cth).
Federal Court of Australia Act 1976 (Cth), ss 5(2), 24(1), 28(1), 32, 43(1)
Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 4(1)
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 9(2)
Federal Courts (State Jurisdiction) Act 1999 (NSW), ss 3, 4, 6, 11, 14
Corporations (NSW) Act 1990 (NSW), s 42(3)
Corporations Act 1989 (Cth), s 56(2)Re Wakim; Ex parte McNally (1999) 163 ALR 270, followed
Gould v Brown (1998) 193 CLR 346, cited
Cameron v Cole (1944) 68 CLR 571, followed
Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Ltd (1998) 84 FCR 367, cited
Ah Yick v Lehmert (1905) 2 CLR 593, followed
Chamberlain v The Queen (No 2) (1984) 153 CLR 521, cited
Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd [1999] FCA 1572, cited
Kovac v R (1977) 15 ALR 637, cited
Anderson v R (1977) 19 ALR 212, cited
R v Tait (1979) 24 ALR 473, cited
Quinn v Given (1980) 29 ALR 88, cited
Johns v Australian Securities Commission (1993) 178 CLR 408, considered
Commissioner of State Revenue (Victoria) v Royal Insurance Australia Ltd (1994) 182 CLR 51, cited
Federated Engine-Drivers and Firemen’s Association of Australasia v The Broken Hill Proprietary Company Ltd (1911) 12 CLR 398, citedDOUGLAS ROBERT McNEILL ROBINS & ORS v INCENTIVE DYNAMICS PTY LIMITED (IN LIQUIDATION) (ACN 003 294 700) & ANOR
N 684 OF 1999PAGBY PTY LTD (ACN 005 203 136) v INCENTIVE DYNAMICS PTY LIMITED (IN LIQUIDATION) (ACN 003 294 700) & ANOR
V 387 OF 1999JUDGES: BRANSON, SACKVILLE J & KIEFEL JJ
DATE: 26 NOVEMBER 1999PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 684 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DOUGLAS ROBERT McNEILL ROBINS
First Appellant
JOHN HAIGH ROBINS
Second AppellantCOLDWICK PTY LIMITED
Third AppellantROBINS HAIGH McNEILL PTY LIMITED
Fourth AppellantCHERYL ANN CHANG
Fifth Appellant
AND: INCENTIVE DYNAMICS PTY LIMITED (IN LIQUIDATION)
(ACN 003 294 700)
First Respondent
ROBERT WILLIAM MORTON (In his capacity as Official
Liquidator of Incentive Dynamics Pty Ltd)
Second Respondent
JUDGES:
BRANSON, SACKVILLE & KIEFEL JJ
DATE OF ORDER:
26 NOVEMBER 1999
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. Orders 1, 2, 4, 5 and 8 of the orders made by the primary Judge on 12 July 1999 be set aside.
3. Order 9 made by the primary Judge on 12 July 1999 be set aside insofar as it applies to the first, second, third and fourth appellants.
4. In…
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- AGLC
- Robins v Incentive Dynamics Pty Ltd [1999] FCA 1651
- Case
- [1999] FCA 1651
- Decision Date
CaseChat Overview and Summary
The court examined the definitions provided in the State Jurisdiction Act, particularly sections 3 and 4, to determine what constitutes an "ineffective judgment" and a "State matter". It was established that an "ineffective judgment" refers to a judgment made by the Federal Court in a State matter, which was purported to be conferred by a State Act, before the commencement of the Act. The court also considered section 6 of the Act, which declares the rights and liabilities of persons to be as if the ineffective judgments were valid judgments of the Supreme Court. Furthermore, the court looked at section 11, which provides a procedure for treating a federal court proceeding as one in the Supreme Court, including the implications for limitation laws.
The reasoning of the court led to the conclusion that the Federal Court did not have jurisdiction to hear the case, as it was a State matter. The court found that the ineffective judgments made by the Federal Court did not confer any valid jurisdiction and that the proceedings should have been dismissed for want of jurisdiction. Consequently, the appeal was allowed, and specific orders made by the primary Judge were set aside. The court ordered that the proceedings against certain respondents be dismissed for want of jurisdiction and directed that the respondents pay the appellants’ costs of the appeal.
The final orders of the court were to allow the appeal, set aside certain orders made by the primary Judge, and dismiss the proceedings against specific respondents for lack of jurisdiction. The respondents were also ordered to pay the costs of the appeal.
Orders
Orders of the court
1. The appeal be allowed.
2. Orders 1, 2, 4, 5 and 8 of the orders made by the primary Judge on 12 July 1999 be set aside.
3. Order 9 made by the primary Judge on 12 July 1999 be set aside insofar as it applies to the first, second, third and fourth appellants.
4. In lieu of orders referred to in pars 2 and 3, an order be made that the proceedings against the first respondent Douglas Robert McNeill Robins, the second respondent John Haigh Robins, the fifth respondent Coldwick Pty Limited, the sixth respondent Robins Haigh McNeill Pty Limited and the eighth respondent Cheryl Ann Chang, be dismissed for want of jurisdiction.
5. The respondents pay the appellants’ costs of the appeal.
1. The appeal be allowed.
2. Order 6 and Order 11 made by the primary Judge on 12 July 1999 be set aside.
3. Order 9 made by the primary Judge on 12 July 1999 be set aside insofar as it applies to the appellant.
4. In lieu of the orders referred to in pars 2 and 3, an order be made that the proceedings against the seventh respondent, Pagby Pty Limited, be dismissed for want of jurisdiction.
5. The respondents pay the appellant’s costs of the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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