Sewell, Roger v National Australia Bank Ltd [1994] FCA 1104

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supement no. ey INTHE FEDERAL COURT OF AUSTRALIA ) ) Ww SO W. s ) No. NG 727 of 1994 ) )

BETWEEN: ROGER SEWELL Applicant AND: NATIONAL __ AUSTRALIA __ BANK LIMITED & ORS Respondents

16 DECEMBER 1994

REASONS FOR JUDGMENT LOCKHART J.

This matter was listed in this Court on 26 October 1994 and the application and statement of claim assert a number of causes of action, a claim in defamation, a claim for wrongful dismissal from employment and claims under both s 52 of the Trade Practices Act (Cth) and s 42 of the Fair Trading Act (NSW). Having read the pleadings and having read the affidavit of Sandra Catherine Dobello of 9 December 1994, I am of the view that this matter is essentially one that is appropriate for a State court to hear. It is true that it has a federal element but that is, it seems to me, not the

essential nature of the case.

Indeed the cause of action in defamation is plainly at the forefront of the proceeding and the Supreme Court of New South Wales is a court which has developed its own expertise

in that area and encourages cases of that kind to be heard in

that Court. Whether the matter is transferred under s 86A of

the Trade Practices Act 1974 or under the cross-vesting scheme

perhaps does not matter. I think the more appropriate vehicle

is s 86A of the frade Practices Act. I am satisfied of the

requisite matters to which that section is directed particular s 86A(2)(b)). Accordingly, the matter

transferred to the Supreme Court of New South Wales.

I certify that this and the preceding one (1) pages are a true copy of the reasons for judgment herein of the Honourable 0 Y] Lockhart.

cn, CMmatt

Dated: 16 December 1994

Counsel for the Applicant : Mr Gray

Sly & Weigall

oo

Solicitors for the Applicant

Counsel for the Respondent 3 Mr Cross

Solicitors for the Respondent : Arthur Robinson Hedderwicks