Wright v Nixon

[2015] QSC 357

SUPREME COURT OF QUEENSLAND

CITATION:

Wright and others v Nixon and another [2015] QSC 357

PARTIES:

PATRICIA COLLEEN WRIGHT

(first applicant)
 and

KEITH ROBERT GEORGE WRIGHT

(second applicant)
 and

ERIN EDITH PATRICIA WRIGHT

(third applicant)
 and

TIMOTHY NOEL MICHAEL WRIGHT

(fourth applicant)
and
SHANNON DEIDRE KATHLEEN HARTSHORN (NEE WRIGHT)
(fifth applicant)
and
KERRI COLLEEN WRIGHT
(sixth applicant)

v

BRENDAN JOSEPH NIXON AND JOANNE EMILY DUNN AS THE TRUSTEES OF THE PROPERTY OF DANIEL PATRICK JOHN WRIGHT, A BANKRUPT

(respondents)

FILE NO:

SC No 8569 of 2015

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

19 November 2015

DELIVERED AT:

Brisbane

HEARING DATE:

19 November 2015

JUDGE:

Atkinson J

ORDERS:

1. Paragraphs 1, 2, 3 and 5 of the Originating Application filed on 27 August 2015 be transferred to the Federal Court of Australia pursuant to s 6 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).

2.   Costs be costs in the proceeding.

CATCHWORDS:

PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS – CONCURRENT JURISDICTION OF DIFFERENT COURTS – TRANSFER OF PROCEEDINGS UNDER CROSS-VESTING LEGISLATION – SPECIAL FEDERAL MATTERS – where the applicants sought the transfer of the first applicant’s equitable interests in real properties held in the names of her children, being the other applicants, recognised by declaration of a resulting trust – where one of the children was bankrupt – where trustees in bankruptcy had been appointed and were the respondents to the application – where the parties had agreed that the matter should be transferred to the Federal Court of Australia – where no written notice had been given to the Commonwealth or Queensland Attorneys-General – whether the matter was a special federal matter – whether the matter was required to be transferred to the Federal Court of Australia

Bankruptcy Act 1966 (Cth) s 27
Judiciary Act 1903 (Cth) s 39B

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 3(1), s 6

Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485, applied

Fewin Pty Ltd v Burke [2015] NSWSC 1411, followed
Gorkowski v Turner [2014] VSC 200, referred to

Truthful Endeavour Pty Ltd v Condon as Trustee of the Bankrupt Estate of Rayhill [2015] FCAFC 70, followed

Turner v Gorkowski [2014] VSCA 248, followed

COUNSEL:

JC Ashcroft for the applicants

NJ Shaw for the respondents

SOLICITORS:

JKR Lawyers for the applicants

CLH Lawyers for the respondents

1. ATKINSON J: The applicants in this matter are a mother and a number of her adult children who sought to have the first applicant’s equitable interests in various real properties held in the names of those adult children recognised by the declaration of a resulting trust. One of the children is a bankrupt; trustees of the property of the bankrupt have been appointed and they are respondents to this application. They assert, and the applicants have now agreed, that this matter should be transferred to the Federal Court of Australia pursuant to section 6 of the