Wyllie Group Pty Ltd v ANZ Securities Ltd [2000] FCA 1382

FEDERAL COURT OF AUSTRALIA

Wyllie Group Pty Ltd v ANZ Securities Ltd [2000] FCA 1382

PRACTICE AND PROCEDURE – transfer of proceeding – whether proceeding should be transferred from Western Australia District Registry to Victoria District Registry – application based on alleged contravention of the Trade Practices Act 1974 (Cth) s 52, breach of fiduciary duties and breach of duty of care – interests of justice – balance of convenience – meaning of "proper place" – similar proceedings in Victoria District Registry involving same respondents – case management – applicants reside in Western Australia – relevant factors. Federal Court of Australia Act 1976 (Cth), s 48 Federal Court Rules, O 10 r 1(1); O 10 r 1(2)(f); O 30 r 6 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 applied Australian Workers Union v BHP Iron Ore Pty Ltd [2000] FCA 39 referred to AMC Investments Ltd v Willey & Ors (unreported, Federal Court of Australia, von Doussa J, 23 November 1989) referred to K C Park Safe (SA) Pty Ltd v Adelaide Terrace Investments Pty Ltd [1998] FCA 601 referred to Australian Co-operative Foods Ltd v National Food Milk Ltd [1998] FCA 376 referred to WYLLIE GROUP PTY LTD v ANZ SECURITIES LTD W90 of 2000 CARR J 13 SEPTEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 90 OF 2000

BETWEEN: WYLLIE GROUP PTY LTD (ACN 008 763 120)

First Applicant

IAN MALCOLM HOAD

Second Applicant

AND: ANZ SECURITIES LTD (ACN 004 997 111)

First Respondent

AUSTRALIA & NEW ZEALAND BANKING GROUP LTD

(ACN 000 289 297)

Second Respondent

JUDGE: CARR J

DATE OF ORDER: 13 SEPTEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The proceeding be transferred to the Victoria District Registry of the Court. 2. Costs of the motion be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.