Australian Co-operative Foods Ltd & Anor v National Foods Milk Ltd [1998] FCA 376

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - transfer of proceeding - whether proceeding should be transferred from New South Wales District Registry to Victorian District Registry - application based on alleged contravention of the Trade Practices Act 1974 s 46 (1) and breach of contract - exploitation of market power - termination of supply agreement - market in Victoria - conduct complained of occurring in Victoria - Victorian law proper law of the contract - parties' contractual consent to litigation being conducted in "Victorian Courts" - witnesses residing in both New South Wales and Victoria - applicants' solicitors in Sydney, experienced in the industry concerned - exercise of discretion - case management - individual docket system. Federal Court of Australia Act 1976 s 48 Federal Court Rules O 10 r 1(2)(f), O 30 r 6 Byrne & Davidson Engineering Pty Ltd v PMC Engineering Pty Ltd, 2 October 1980 (David Hunt J) CL 11418/80, Ritchie's Supreme Court Practice, Vol 2 [13021], referred to National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, applied Squires v Stephenson (1981) 53 FLR 164 at 177, referred to PJE Pty Ltd v Dame Pty Ltd, unreported, FCA/North J, 13 June 1997, referred to

Australian Co-operative Foods Limited and Midland Milk Pty Limited v NATIONAL FOODS MILK LIMITED NG 222 of 1998 LINDGREN J SYDNEY 2 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 222 of 1998

BETWEEN: Australian Co-operative Foods Limited

First Applicant

Midland Milk Pty Limited

Second Applicant

AND: National Foods Milk Limited

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 2 APRIL 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding be transferred to the Victorian District Registry of the Court.