Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2003] FCA 430

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2003] FCA 430

Practice and procedure –application for the transfer of proceedings to the Victorian District Registry – whether transfer appropriate in the circumstances of the case Federal Court of Australia Act 1976 (Cth) – s 48 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 – applied Cycles & Wheelman Pty Ltd v Beltech Corporation Ltd (1988) 80 ALR 279 – considered AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v FILA SPORT OCEANIA PTY LTD (ACN 078 405 802) N926 of 2002

HILL J 8 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N926 OF 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: FILA SPORT OCEANIA PTY LTD (ACN 078 405 802)

FIRST RESPONDENT

DAVID ROBERT CARNEY

SECOND RESPONDENT

CRAIG JAMES REIDY

THIRD RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 8 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion be allowed. 2. Proceeding N926 of 2002 be transferred to the Victorian District Registry of the Federal Court of Australia and continued there save for the motion listed before registrar Hedge to set aside a subpoena. 3. The applicant pay the first and third respondents' costs of the motion. 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 N926 OF 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: FILA SPORT OCEANIA PTY LTD (ACN 078 405 802)

FIRST RESPONDENT

DAVID ROBERT CARNEY

SECOND RESPONDENT