Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Private International Law - proper forum for proceedings - jurisdiction clause - weight to be given to non-exclusive jurisdiction clause - whether balance of factors favours the retention of the matter in Queensland despite jurisdiction clause.
Jurisdiction - discretionary considerations indicating the matter should be transferred to the District Court of Queensland.
Oceanic Sun Line Special Shipping Company Inc. v Fay (1988) 165 CLR 197 - foll. Akai Pty Ltd v The People's Insurance Co Ltd (1996) 141 ALR 374 - cited
MOTOR TRADERS WARRANTY INVESTMENTS PTY LTD and GREGORY CLIVE PARR, KENNETH ROSS PICKARD, JOHN CHARLES DOOLEY AND KERRY RICHARD BOUSTEAD V fortron automotive treatments pty ltd QG 75 of 1997 JUDGE: BEAUMONT J. PLACE: BRISBANE DATE: 19 NOVEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 75 of 1997
BETWEEN: MOTOR TRADERS WARRANTY INVESTMENTS PTY LTD
First Applicant
GREGORY CLIVE PARR, KENNETH ROSS PICKARD, JOHN CHARLES DOOLEY AND KERRY RICHARD BOUSTEAD
Second Applicants
AND: FORTRON AUTOMOTIVE TREATMENTS PTY LTD
Respondent
JUDGE: BEAUMONT J.
DATE OF ORDER: 19 NOVEMBER 1997
WHERE MADE: BRISBANE
ORDERS: 1. Motion to transfer the venue of the proceedings to Western Australia refused. 2. Transfer the proceedings to the District Court of Queensland; suspend the operation of this order up to and including 23 December 1997. 3. A Registrar of the Court to conduct a mediation conference in this matter at a date to be fixed. 4. No order for costs. Note: 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 QG 75 of 1997
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