Vella v Cummins

[2001] QCA 491

COURT OF APPEAL

McMURDO P
McPHERSON JA
CHESTERMAN J

Appeal No 6403 of 2001

DEAN VELLA Respondent

(Applicant)

and

GREG CUMMINS First Appellant

(First Respondent)

and

DAVID McCULLOUGH Not party to appeal
(Second Respondent)

and

DONALD LEVICK Not party to appeal

(Third Respondent)

and

JOELLE CUMMINS Second Appellant

(Fourth Respondent)

Appeal No 6404 of 2001

DEAN VELLA Respondent
(Applicant)

and

GREG CUMMINS First Appellant
(First Respondent)

and

DAVID McCULLOUGH Not party to appeal
(Second Respondent)

and

DONALD LEVICK Not party to appeal
(Third Respondent)

and

JOELLE CUMMINS Second Appellant
(Respondent)

BRISBANE

..DATE 07/11/2001

ORDER

THE PRESIDENT: The parties have agreed to the following consent order, which on the written submissions before us seems to be appropriate:

(1)that the appeal proceedings 6403 and 6404 of 2001 be transferred to the Full Court of the Federal Court for hearing and determination in Brisbane;

(2)that the appellant pay the respondents' costs thrown away by reason of the appeals having been commenced in the inappropriate jurisdiction; and

(3)that the appellant pay the respondents' costs of and incidental to the application to transfer the proceedings.

McPHERSON JA: If it is necessary to say so, I agree with the order that has been pronounced.

CHESTERMAN J: I also agree.

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CaseChat Overview and Summary

This case involves an appeal by Greg Cummins and Joelle Cummins against a decision made by the Queensland Supreme Court in a matter concerning Dean Vella. The appeal was brought before the Queensland Court of Appeal, with McMurdo P, McPherson JA, and Chesterman J presiding. The dispute at hand revolves around the jurisdiction of the court to hear and determine the matter, as well as the validity of certain orders made by the Supreme Court.

The legal issues before the Court of Appeal pertained to the jurisdiction of the Queensland Supreme Court to hear the matter, as well as the correctness of the orders made by the Supreme Court. The appellants argued that the matter should have been heard by the Federal Court, rather than the Queensland Supreme Court, as it involved issues of federal law and jurisdiction. The respondents, on the other hand, argued that the Queensland Supreme Court had jurisdiction to hear the matter and that the orders made by the court were correct.

The Court of Appeal held that the matter should have been heard by the Federal Court, rather than the Queensland Supreme Court. The Court found that the matter involved issues of federal law and jurisdiction, and that the Queensland Supreme Court did not have the appropriate jurisdiction to hear the matter. The Court of Appeal also found that the orders made by the Supreme Court were incorrect, and that the matter should be transferred to the Federal Court for hearing and determination. The Court of Appeal made a consent order transferring the appeal proceedings to the Full Court of the Federal Court for hearing and determination in Brisbane, and ordered that the appellants pay the respondents' costs thrown away by reason of the appeals having been commenced in the inappropriate jurisdiction, as well as the respondents' costs of and incidental to the application to transfer the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established