Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Saizeriya Co Ltd v Peregrine Management Group Pty Ltd [2003] FCA 1483
PRACTICE AND PROCEDURE – application for proceedings to be transferred to the Supreme Court of Victoria – whether application premature – pleadings not closed – arbitration on foot – relevant rules of court considered – reference to special referee under Supreme Court Rules – whether application for stay for arbitration prejudiced by deferral of proposed transfer - application for strike out – whether deficiencies in the amended statement of claim
Abigroup Contractors Pty Ltd v BPB Pty Ltd [2000] VSC 261 considered Bankinvest AG v Seabrook (1988) 14 NSWLR 711 referred to Bourke v State Bank of New South Wales (1988) 22 FCR 378 referred to Trade Practices Commission v Collings Construction Pty Ltd (1994) 53 FCR 137 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 at 91 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to Murex Diagnostics Australia Pty Ltd v Chiron Corporation (1995) 55 FCR 194 at 203 referred to Yorke v Lucas (1985) 158 CLR 661 considered Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215 considered Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 considered McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 considered John Holland Construction & Engineering Pty Ltd v Kvaerner R J Brown Pty Ltd (1996) 13 BCL 262 referred to SAIZERIYA CO LTD & ANOR v PEREGRINE MANAGEMENT GROUP PTY LTD & ORS V 637 of 2003
KENNY J 12 DECEMBER 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 637 OF 2003
BETWEEN: SAIZERIYA CO LTD
FIRST APPLICANT
SAIZERIYA AUSTRALIA PTY LTD
(ACN 093 080 623)
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