ESCO Corporation v Wundowie Foundry Pty Ltd [2003] FCA 587

FEDERAL COURT OF AUSTRALIA

ESCO Corporation v Wundowie Foundry Pty Ltd [2003] FCA 587

PRACTICE AND PROCEDURE – application for transfer of proceedings to Western Australian District Registry of Federal Court – allegedly infringing conduct occurred in Western Australia - whether location of allegedly infringing conduct is compelling factor in determining most appropriate Registry in intellectual property disputes – location of head offices – locations of professional advisors – location of potential witnesses – cases for and against transfer evenly balanced – possibility of hearing being held in Western Australia PATENTS – application for transfer of proceedings to Western Australian District Registry of Federal Court – – allegedly infringing conduct occurred in Western Australia – whether location of allegedly infringing conduct is compelling factor in determining most appropriate Registry in intellectual property dispute

National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 ESCO CORPORATION and BRADKEN MINING SPV PTY LTD ACN 098 301 001 v WUNDOWIE FOUNDRY PTY LTD ACN 009 123 764 N 185 of 2003 BRANSON J 3 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 185 of 2003

BETWEEN: ESCO CORPORATION

FIRST APPLICANT

BRADKEN MINING SPV PTY LTD ACN 098 301 001

SECOND APPLICANT

AND: WUNDOWIE FOUNDRY PTY LTD ACN 009 123 764

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 3 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The costs of the notice of motion dated 7 May 2003 be the applicants' costs in the cause.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 185 of 2003

BETWEEN: ESCO CORPORATION