Griffin Projects Pty Ltd v Pivot Ltd [2000] FCA 1433

FEDERAL COURT OF AUSTRALIA

Griffin Projects Pty Ltd v Pivot Ltd [2000] FCA 1433

GRIFFIN PROJECTS PTY LTD v PIVOT LTD and ANOR N 1487 of 1999 SACKVILLE J 13 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1487 OF 1999

BETWEEN: GRIFFIN PROJECTS PTY LTD

APPLICANT

AND: PIVOT LTD

FIRST RESPONDENT

DUFF BROS PTY LTD

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 13 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 86A(1) of the Trade Practices Act 1974 (Cth), the matters for determination in Federal Court proceedings N 1487 of 1999 be transferred to the Supreme Court of New South Wales. 2. The costs of the hearings of 31 August 2000 and 12 October 2000, including the preparation of written submissions on the question of transfer of the proceedings, be costs in the cause. 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 N 1487 OF 1999

BETWEEN: GRIFFIN PROJECTS PTY LTD

APPLICANT

AND: PIVOT LTD

FIRST RESPONDENT

DUFF BROS PTY LTD

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE: 13 OCTOBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 At a directions hearing in these proceedings, held on 31 August 2000, I raised with the parties the possibility that the proceedings should be transferred to the Supreme Court of New South Wales. I provided the parties with an opportunity to file submissions on the topic and any evidence upon which they intended to rely in support of their respective submissions. 2 The parties have now filed written submissions. They also made brief oral submissions at a hearing on 12 October 2000. At that hearing, I made an order for transfer to the Supreme Court of the matters for determination in the proceedings in this Court. I said I would provide written reasons for the order. These are the reasons.