Gordon v Tolcher

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, HAYNE, CALLINAN AND HEYDON JJCHARLES STUART GORDON   APPELLANTANDRAYMOND GEORGE TOLCHER IN HIS CAPACITY AS LIQUIDATOR OF SENAFIELDPTY LTD (IN LIQUIDATION) & ANOR  RESPONDENTSGordon v Tolcher in his capacity as liquidator ofSenafield Pty Ltd (In liquidation) [2006] HCA 6215 December 2006S62/2006 ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationB A J Coles QC with C R C Newlinds SC and D A Allen for the appellant (instructed by Linde Business Law)G O'L Reynolds SC with R C Scruby and P Kulevski for the respondents (instructed by Kemp Strang)H C Burmester QC with G A Hill for the Attorney-General of the Commonwealth intervening (instructed by Australian Government Solicitor)P J Hanks QC with S G E McLeish for the Attorney-General for the State of Victoria intervening (instructed by Victorian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGordon v Tolcher in his Capacity as Liquidator of Senafield Pty Ltd (in liq) Courts – Federal jurisdiction in State courts – Proceedings brought in New South Wales District Court – Section 1337E of the Corporations Act 2001 (Cth) ("Corporations Act") conferred federal jurisdiction on "lower courts" in "matters" under the Corporations Act – Section 588FF(3) of the Corporations Act provided for time limits on commencement of actions – Part 3 r 2 of the District Court Rules 1973 (NSW) ("the Rules") authorised extension of time – Whether s 79 of the...