Morris Finance Ltd v Brown

(2016) 93 NSWLR 551; [2016] NSWCA 343

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Appellate jurisdiction
4. › Appeal from single judge of Supreme Court
5. › Whether appeal involved matter arising under Bankruptcy Act
6. › Whether prohibition in s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) applied
7. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5)
8. › Bankruptcy Act 1966 (Cth), ss 58(3)(b), 58(5)
1. Bankruptcy
2. › Proceedings against bankrupt
3. › Leave to commence proceedings in respect of provable debt
4. › Whether secured creditor exception applied
5. › Whether appeal from determination of separate question was matter arising under Bankruptcy Act
6. › Bankruptcy Act 1966 (Cth), ss 58(3)(b), 58(5)
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Matters arising under laws made by Parliament
4. › Distinction between matter arising under federal law and matter involving interpretation of federal law
5. › Constitution, s 76(ii)

Quick Take

Practitioners seeking to appeal a decision of a single judge of a State Supreme Court on whether leave is required under s 58(3)(b) of the Bankruptcy Act must institute the appeal in the Full Court of the Federal Court (or seek special leave to the High Court), not in the State Court of Appeal.