Federal Court of Australia
JYQGMENT No. S0qya1.
CATCHWORDS
COURTS - Jurisdiction - Trade Practices Act Pt.V - Conferral of jurisdiction upon Supreme Courts - Effect of Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 - Whether effective to confer on Supreme Courts jurisdiction under s.87 of Trade Practices Act to declare a contract void ~
Considerations of convenience in decision whether to transfer
proceeding to Supreme Court.
Trade Practices Act 1974 ss.75B, 86, 86A, 87. Jurisdiction of Courts (Miscellaneous Amendments) Act 1987.
NSW G.335 of 1987 DAVID WALTER EWINS & ORS v_ BUDERIM IMPORTS PTY LIMITED
Wilcox J Sydney 2 September 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.335 of 1987
ewww wv
GENERAL DIVISION
BETWEEN: DAVID WALTER EWINS
First Applicant
STARR PRENDERGAST
Second Applicant
MOORLIFE AUSTRALIA PTY LIMITED
Third Applicant
AND: BUDERIM IMPORTS PTY LIMITED
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 2 SEPTEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. Grant leave to applicants to amend their Statement of Claim by filing an amended Statement of Claim not
later than tomorrow. e
2. The proceeding as so amended be transferred to the
Supreme Court of New South Wales.
3. The applicants pay the costs of the respondent of the
Notice of Motion filed today.
4. The respondent pay the costs of the applicants of the
Notice of Motion filed on 26 August 1987.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN: AND: CORAM: WILCOX J PLACE: SYDNEY DATE: 2 SEPTEMBER 1987
EXTEMPORE REASONS
No. NSW G.335 of 1987
DAVID WALTER EWINS
First Applicant
STARR PRENDERGAST
Second Applicant
MOORLIFE AUSTRALIA PTY
LIMITED
Third Respondent
BUDERIM IMPORTS PTY LIMITED
Respondent
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