National Mutual Holdings Pty Ltd & ors v Sentry Corporation & ors [1988] FCA 396

, JUDGMENT No. 2796/7 $8...

CATCHWORDS

PRACTICE AND PROCEDURE - "Proper place" of proceeding for purpose

of Federal Court Rules ~ place at which a proceeding or part of a proceeding shall be conducted or continued - whether the proper test for change of "the venue" of proceedings is that there is a manifest preponderance of convenience in support of the change - scope of power conferred on the court or a judge by s. 48 of the Federal Court Act - court must bé satisfied that there is sound reason to direct that proceeding be conducted or continued elsewhere where proceedings have been commenced at a particular place - importance of balance of convenience varying from case to case — circumstances in which appellate court will interfere in the exercise of the discretion of a primary judge in respect of

interlocutory orders.

Federal Court of Australia Act 1976 (Cth): ss. 12, 34, 48.

Federal Court Rules: 0.1 r.4; 0.10 r.1; 0.30 7.6.

Judiciary Act 1903 (Cth): ss. 44, 79.,

NATIONAL MUTUAL HOLDINGS PTY. LIMITED, ACC HOLDINGS LIMITED, ACC

FINANCIAL MANAGEMENT LIMITED, ACC LIFE LIMITED, ACC GENERAL

INSURANCE LIMITED, and AUSTRALIAN CASUALTY COMPANY LIMITED v THE

SENTRY CORPORATION and PEAT MARWICK MITCHELL & CO. (A Firm)

VG 173 of 1987

Bowen C.J., Woodward and Lockhart JJ. 26 July 1988 wo

Melbourne yw.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY No. VG 173 of 1987

—ewTwYT wn

GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NATIONAL MUTUAL HOLDINGS PTY. LIMITED ACC HOLDINGS LIMITED " ACC FINANCIAL MANAGEMENT LIMITED ACC LIFE LIMITED ACC GENERAL INSURANCE LIMITED AUSTRALIAN CASUALTY COMPANY LIMITED

Applicants

THE SENTRY CORPORATION and PEAT MARWICK MITCHELL & CO. (A Firm) Respondents

i

AND

BETWEEN: PEAT MARWICK MITCHELL & CO. (A Firm) Cross—Claimant