Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE – Cross vesting – proceeding between same parties in Commercial Division of the Supreme Court of New South Wales – Supreme Court proceeding complex, involving wide range of facts and issues, set down for hearing for at least three months commencing on 26 April 1998 – preparation of Supreme Court proceeding well advanced, voluminous discovery having taken place – present respondent's draft defence raising matters raised by it as plaintiff in Supreme Court proceeding – applicant's submission that overlap suggested by respondent is specious – difficulty of this Court's determining with confidence that draft defence does not raise arguable defence – practical considerations favouring order for transfer.
Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) s 5(4) Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152 (FC) referred to.
BURGER KING CORPORATION v HUNGRY JACK'S PTY LIMITED NG 518 of 1998 LINDGREN J SYDNEY 4 AUGUST 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 518 of 1998
BETWEEN: BURGER KING CORPORATION
Applicant
AND: HUNGRY JACK'S PTY LIMITED
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 4 AUGUST 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. This proceeding be transferred to the Supreme Court of New South Wales. 2. The parties' costs of the motion brought by the respondent by notice of motion filed on 5 June 1998 be treated as part of their respective costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 518 of 1998
BETWEEN: BURGER KING CORPORATION
Applicant
AND: HUNGRY JACK'S PTY LIMITED
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