Federal Court of Australia
PRACTICE AND PROCEDURE - Federal Court of Australia Act -
application for change of venue from Perth to Sydney - claim under s.52 Trade Practices Act - representations made and performance of contract in Sydney - respondent incorporated and active in New South Wales - applicant's active in Western Australia and offices in both States - majority of witnesses in New South Wales - applicant's chief witness resident 1n Perth - number of overseas expert witnesses - mere balance of convenience insufficient test ~ public interest - manifest preponderance of convenience required to justify change - place of formation and performance of contract
not of itself a significant factor.
Federal Court Rules 0.10 r.1, 0.30 Trade Practices Act 1974 s.52
Hodder v Australian Workers Union (1984) 4 FCR 541 Church v Barnett (1871) LUJCP 138 Kings Cross Whisper Pty Ltd v O'Neill (1968) 2 NSWLR 289
Jacobs v Claudis Enterprises Pty Ltd (1985) ATPR 40-51
TVW ENTERPRISES LTD v MAGNA-TECHTRONICS (AUST) PTY LIMITED, MAGNA-TECHTRONICS (AUST) PTY LIMITED v TVW ENTERPRISES LTD WAG 62 of 1986
FRENCH J. PERTH
20 FEBRUARY 1987
aad
IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
es ww
No. WAG 62 of 1986 BETWEEN: TVW ENTERPRISES LTD Applicant and MAGNA-TECHTRONICS (AUST) PTY LIMITED Respondent and MAGNA-TECHTRONICS (AUST) PTY LIMITED Cross Claimant and TVW ENTERPRISES LTD Cross Respondent MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 20 FEBRUARY 1987
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The motion be dismissed.
2. The Respondent to pay the Applicant's costs of the
motion in any event.
Note: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 62 of 1986 BETWEEN: TVW ENTERPRISES LTD
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