Recent Cases

Riva NSW Pty Limited v Official Trustee in Bankruptcy [2023] NSWCA 235 (05 October 2023) (Adamson JA; Simpson AJA; Basten AJA)


Catchwords:


APPEAL – special federal matters – exclusive jurisdiction of federal courts – whether appeal involved a matter “arising under” a Scheduled Commonwealth Act – appeal arising under Vexatious Proceedings Act 2008 (NSW) – Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5) not engaged

APPEAL – application for leave to appeal – failure to allow opportunity to replead – whether applicants had frequently instituted vexatious proceedings – whether error on part of primary judge that was more than merely arguable – whether issue of general principle – whether clear case of injustice