Cultivaust Pty Ltd v Grain Pool of Western Australia [2001] FCA 1749

FEDERAL COURT OF AUSTRALIA

Cultivaust Pty Ltd v Grain Pool of Western Australia [2001] FCA 1749 PRACTICE AND PROCEDURE – whether to transfer proceedings pursuant to O 10 r 1(2)(f) of the Federal Court Rules – whether there is a sound reason that the proceeding be conducted or continued elsewhere – whether the balance of convenience lies with transferring the proceeding or retaining the current venue – consideration of the respective financial positions of the parties – consideration of the efficient administration of the Court. Federal Court Rules O 10 r 1(2)(f), O 30 r 6 (2) National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 - applied CULTIVAUST PTY LTD & THE STATE OF TASMANIA v GRAIN POOL OF WESTERN AUSTRALIA & THE STATE OF WESTERN AUSTRALIA S 104 of 1999 MANSFIELD J 12 DECEMBER 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 104 OF 1999

BETWEEN: CULTIVAUST PTY LTD

FIRST APPLICANT

THE STATE OF TASMANIA

SECOND APPLICANT

AND: GRAIN POOL OF WESTERN AUSTRALIA

FIRST RESPONDENT

THE STATE OF WESTERN AUSTRALIA

SECOND RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 12 DECEMBER 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application of the first respondent to transfer the proceeding is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 104 OF 1999

BETWEEN: CULTIVAUST PTY LTD

FIRST APPLICANT

THE STATE OF TASMANIA

SECOND APPLICANT

AND: GRAIN POOL OF WESTERN AUSTRALIA

FIRST RESPONDENT

THE STATE OF WESTERN AUSTRALIA

SECOND RESPONDENT