Federal Court of Australia
3s
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JUDGMENT No. 224 21
CATCHWORODS
PRACTICE - s.86A Trade Practices Act - transfer of matter to State Supreme Court - matter within Federal jurisdiction on pleadings but Federal claims appeared doomed to fail -
whether "a matter for determination in the proceedings" - whether in the interests of justice to transfer.
Trade Practices Act 1974 s.86A Jurisdiction of Courts (Miscellaneous Amendments) Act 1987
Helen Merkle & Anor. v. Volvo Australia Pty. Ltd. & Anor. Qid G9 of 1985
PINCUS J.
BRISBANE 2_ OCTOBER 1987
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G9 of 1985 GENERAL DIVISION )
BETWEEN: HELEN MERKLE and CONSTANTINE MERKLE Applicants AND: VOLVO AUSTRALIA PTY. LTD.
First Respondent AND: SOUTH EASTERN TRUCKS PTY. LID.
Second Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 2 OCTOBER 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
NOTE:
l.
All matters for determination in this proceeding, namely application G9 of 1985 pending in this
Court, be transferred to the Supreme Court of Queensland;
Costs reserved on 10 September 1987 be taxed and paid by the applicants;
The costs of the first respondent for today's application and appearances be taxed and paid by the applicants and by the second respondent with the intent that the first respondent may recover those costs as against either party but that between the applicant and the second respondent they be borne equally.
r
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G9 of 1985 GENERAL DIVISION )
BETWEEN: HELEN MERKLE and CONSTANTINE MERKLE
Applicants AND: VOLVO AUSTRALIA PTY. LTD. First Respondent AND: SOUTH EASTERN TRUCKS PTY. LTD. Second Respondent PINCUS J. 2 OCTOBER 1987
EX TEMPORE REASONS FOR JUDGMENT
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