Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No 6) [2002] FCA 807
PRACTICE AND PROCEDURE – transfer of proceedings - application for an order directing that the proceedings be transferred from the South Australia District Registry to the Victoria District Registry – relevance of place where events giving rise to the cause of action occurred – relevance of desirability of respondents to serious allegations being able to attend the hearing – relevance of possibility of further interlocutory processes involving another interstate party – relevance of financial resources of the parties and their legal representatives – whether the fact that the solicitor for one party conducts a small practice and could not attend fully to his practice if the proper place of the proceeding is a relevant consideration.
Federal Court of Australia Act 1976 (Cth), s 48 Federal Court Rules, O 1, r 4; O 30, r 6(2); O 10, r 1(2)(f); O 34A
National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 – applied Andrew and Frewin Pty Ltd v Arrow Ltd [1990] FCA 247 - discussed Australian Competition and Consumer Commission v Pauls Ltd [2002] FCA 71 - discussed White v Overland [2001] FCA 1333 - cited Nowlan v Marson Transport Pty Ltd (2000) 53 NSWLR 116 - discussed Cultivaust Pty Ltd v Grain Pool of Western Australia [2000] FCA 974 - discussed BWK ELDERS (AUSTRALIA) PTY LTD v WESTGATE WOOL COMPANY PTY LTD and PETER JOSEPH ANDERSON and MATT ILMARI KAINE and GRAEME JOHN MOYLE
AND BETWEEN
WESTGATE WOOL COMPANY PTY LTD and PETER JOSEPH ANDERSON and MATT ILMARI KAINE and GRAEME JOHN MOYLE v BWK ELDERS (AUSTRALIA) PTY LTD S 105 of 2001 MANSFIELD J ADELAIDE 3 JULY 2002
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 105 OF 2001
BETWEEN: BWK ELDERS (AUSTRALIA) PTY LTD (ACN 000 320 794)
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