Scott & Ors v Bowden & Ors

[2002] HCATrans 551

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S346 of 2002

B e t w e e n -

LETTY MARIE SCOTT and NATHAN WILLIAM SCOTT

Plaintiffs

and

WILLIAM HENRY BOWDEN, BARRY MEDLEY, HAROLD ROBERTSON and MICHAEL LAWSON

Defendants

For judgment

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 DECEMBER 2002, AT 9.59 AM

Copyright in the High Court of Australia

HIS HONOUR:   In this matter, of my own motion, I have asked the parties to the proceedings why I should not remit the matter to the Federal Court under the power conferred by section 44 of the Judiciary Act 1903.

Contrary to my initial impression, I have concluded that this Court has no power to remit this matter to the Federal Court and that it must be remitted to the Supreme Court of the Northern Territory.  Accordingly, I would order:

(1)  liberty be granted to the plaintiffs to file and serve any amended statement of claim on or before 31 January 2003;

(2)  the matter be remitted to the Supreme Court of the Northern Territory as if the steps already taken under order (1) were taken in the Supreme Court of that Territory;

(3)  the Registrar of this Court provide to the proper officer of the Supreme Court of the Northern Territory photocopies of all pleadings and summons filed in this Court and the originals of the other materials on the file;

(4)  the costs of the proceedings in this Court to date to be costs in the Supreme Court;

(5)  the costs referred to in this Court including the costs of this order be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable in the Supreme Court of the Northern Territory and in the discretion of that court.

My detailed reasons for these orders will be available in the Registry at a later time today.

AT 10.01 AM THE MATTER WAS CONCLUDED