Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Activate No 1 Pty Ltd v Equuscorp Pty Ltd [1999] FCA 619
PRACTICE and PROCEDURE – Application under cross-vesting legislation to transfer proceeding to Supreme Court of Victoria – Criteria for transfer set out in legislation – Related proceedings in State court – Consideration of more appropriate forum and the interests of justice – Purpose of legislation in avoiding fragmentation of litigation. WORDS and PHRASES: "related to", "more appropriate", "interests of justice" Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 5(4) Trade Practices Act 1974 (Cth) ss 51A, 52, 82 and 86 Real Property Act 1901 (NSW), s 42 Conveyancing Act 1919 (NSW) s 115A(2)(c) Evidence Act 1995 (Cth) Equuscorp Litigation [1999] VSC 21, followed Buckley v Gibbett (1996) 69 FCR 554, cited Linter (in Liq) v Price Waterhouse (1992) 9 ACSR 346, cited Bankinvest AG v Seabrook (1988) 14 NSWLR 711, followed
Spilada Maritime Corporation v Consulex Ltd [1987] 1 AC 460, cited Voth v Manildra Flour Mills Ltd (1990) 171 CLR 538, distinguished Schmidt v Won [1998] 3 VR 435, cited PIHA vVidex Tubemakers [1999] FCA 132, followed Bahr v Nicolay (1988)164 CLR 604, cited Cascade Group Ltd v Carlton and United Breweries Ltd (1992) ATPR 41-172, cited T O'Connor & Sons v Clough [1996] FCA 263, cited Teserioro v Matstar Pty Ltd (1990) 93 ALR 607, cited
ACTIVATE NO 1 PTY LIMITED and the persons whose names are set out in Schedule A-C annexed to the Application v EQUUSCORP PTY LTD, PHILIP ARTHUR HENNESSY, ALEXANDER ROBERT MacKAY MacINTOSH AND MICHAEL JOSEPH DWYER NG 1062 OF 1998 TAMBERLIN J SYDNEY 11 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG1062 OF 1998
BETWEEN: ACTIVATE NO 1 PTY LIMITED (ACN 001 071 950)
and the persons whose names are set out in Schedules A-C annexed to the Application
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