Federal Court of Australia
CATCHWORDS PRACTICE - application to strike out pleadinas for want of jurisdiction - whether pleadings claim loss or damage -
relevance of relief sought to claims made in pleadings.
PRACTICE - application for transfer of venue - all circumstances to be considered ~ discretion.
'
Trade Practices Act, 1974: ss. 52, 80, 82, 87 and 163A.
HOUSING LOANS INSURANCE CORPORATION v. CENTRAL MORTGAGE REGISTRY OF AUSTRALIA PTY. LIMITED
3117 of 1984
LOCKHART J. 12 JULY 1984
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G117 of 1984
wwe vrw
GENERAL DIVISION
INTHE MATTER OF: THE TRADE PRACTICES ACT 1974
BETWEEN : HOUSING LOANS INSURANCE ' CORPORATION ' Applicant * AND: CENTRAL MORTGAGE REGISTRY
OF AUSTRALIA PTY. LIMITED First Respondent AND: VERNON SPENCER Second Respondent JUDGE MAKING ORDERS: LOCKHART J. DATE: eo JULY 1394 WHERE MADE: SYDNEY
ORDERS THE COURT ORDERS THAT: 1. The notice of motion filed on 6th July 1984 be dismissed. 2. The costs of the motion be the applicant's costs in
proceedings.
the
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G117 of 1984
ed
GENERAL DIVISION
IN THE MATTER OF: THE TRADE PRACTICES ACT 1974
BETWEEN : HOUSING LOANS INSURANCE CORPORATION Applicant AND: CENTRAL MORTGAGE REGISTRY OF AUSTRALIA PTY. LIMITED First Respondent AND: VERNON SPENCER
Second Respondent
LOCKHART J. 13 JULY 1984
REASONS FOR JUDGMENT
LOCKHART J.
The respondents filed a notice of motion to set aside the application which commenced this proceeding on the ground that this Court has no jurisdiction to hear the claim. The respondents sought,
in the alternative, an order that the proceeding be transferred from
Sydney to Melbourne.
I heard the notice of motion last Friday and dismissed it with an order that the costs of the motion be the applicant's costs in the proceeding. Directions were given for the future conduct of the proceeding including an order giving leave to the applicant to amend
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