Trade Practices Commission v Port Adelaide Wool Company Pty Ltd Sinclair, John Ross [1995] FCA 820

CATCHWORDS TRADE PRACTICES - s86A(4) of Trade Practices Act 1974 (Cth) - application for proceedings in District Court of New South Wales to be transferred to Federal Court - related proceedings commenced in Federal Court - whether appropriate in exercise of discretion to transfer proceedings - factors applicable to exercise of discretion - interests of justice demand two proceedings be before court which can order that they be heard together. Trade Practices Act 1974 (Cth) s86(3) and s86A(4) Fencott and Others v Muller and Another (1983) 152 CLR 570 Kinna v National Australia Bank Ltd (1988) 81 ALR 410 No SG 18 of 1995 TRADE PRACTICES COMMISSION v PORT ADELAIDE WOOL COMPANY PTY LTD (ACN 007 884 282) and JOHN ROSS SINCLAIR Branson J Adelaide 13 October 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 18 of 1995 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant - and - PORT ADELAIDE WOOL COMPANY PTY LTD (ACN 007 884 282) First Respondent - and - JOHN ROSS SINCLAIR Second Respondent MINUTES OF ORDER CORAM: Branson J PLACE: Adelaide DATE: 13 October 1995 1. Pursuant to s86A(4) of the Trade Practices Act 1974 (Cth) the Court directs the District Court of New South Wales at Sydney to transfer to the Federal Court of Australia at its South Australian Registry the whole of the proceedings No 2446 of 1993 between Unilan (Australia) Pty Limited as plaintiff and Port Adelaide Wool Company Pty Ltd as defendant. 2. Costs of and incidental to the notice of motion dated 6 September 1995 are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 18 of 1995 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant - and - PORT ADELAIDE WOOL COMPANY PTY LTD (ACN 007 884 282) First Respondent - and - JOHN ROSS SINCLAIR Second Respondent REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 13 October 1995 The respondents to these proceedings have applied by notice of motion dated 6 September 1995 for an order pursuant to s86A(4) of the Trade Practices Act 1974 (Cth) that proceedings No 2446 of 1993 in the District Court of New South Wales at Sydney between Unilan (Australia) Pty Limited ("Unilan") as plaintiff and the first respondent in these proceedings ("Port Adelaide Wool") as defendant ("the NSW proceedings") be transferred to the Federal Court of Australia at its South Australia Registry. The intent behind this application is to achieve a situation in which the NSW proceedings and these proceedings can be heard together.