Federal Court of Australia
oe not for general distribution 224-
wgptics 4 Practica an
and — beoreduare Tiade Fitartites Act action under 3.82 ~ommenced in Westecn Auztcalia - application to transfer
proceedings to Victor1a - balance of convenience considered.
Trade Practices Act 1974 s.82
Cases:
Jacobs and anor. v. Claudius Enterprises Pty. Ltd. and anor. (1985) ATPR 40.511
PHILLIP AUSTIN-CROWE and MARION VIRGINIA WINIFRED AUSTIN-CROWE v. FOU TH MANDOL TD. and JO RABATOV
No. WA G28 of 1986
MUIRHEAD J. PERTH
6 JUNE 1986
IN TRE PEDEPAL Cok?
OF AUSTRALIA
WESTERN AUSTRALIA ) No. DISTRICT REGISTRY )
GENERAL DIVISION )
WA G28 of 1986
BETAEEN :
PHILLIP AUSTIN-CROWE and MARION VIRGINIA WINIFRED AUSTIN-CROWE
Applicants
and
FOURTEENTH MANDOLIN PTY. LTD. First Respondent
JOSEF RABAILOV Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: MUIRHEAD J.
DATE OF ORDER: 6 June 1986 WHERE MADE: Perth
THE COURT ORDERS THAT: 1. The motion be dismissed.
The first respondent to pay the applicants' costs of and
incidental to the application in any event.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
pan ocnegm IN THE
OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
sy spear : ara Se wearin, 3 ramp TMs. PEDEDAL wou I POR SONERAL DISDPIBUTION
L er eee ot
No. WA G28 of 1986
BETWEEN
PHILLIP AUSTIN-CROWE and MARION VIRGINIA WINIFRED AUSTIN-CROWE
Applicants
and
FOURTEENTH MANDOLIN PTY. LTD.
First Respondent and
JOSEF RABAIOV
Second Respondent
CORAM: MUIRHEAD J. 6 June 1986
REASONS FOR DECISION
The first respondent by Notice of Motion filed on 14 May 1986 seeks an order that the proceedings be transferred to the Victorian Registry of this Court. It is apparent from the affidavits filed in support that both respondents desire the
matter to be heard in Melbourne. The second respondent isa
director of the first respondent. The applicants' cause of action arises out of an agreement for the sale and purchase of a video wholesale business carried on in Perth. Damages are claimed inter alia for fraudulent misrepresentation negligent mis-statement and
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