Aquila Resources Limited v Pasminco Limited [2004] FCA 39

FEDERAL COURT OF AUSTRALIA

Aquila Resources Limited v Pasminco Limited [2004] FCA 39

PROCEDURE – transfer to another registry – proceedings concerning deeds of administration with docket judge in Victoria – claims that companies subject to the deeds of company arrangement were not insolvent at the time those deeds were entered into and further claim for damages in an action for misleading or deceptive conduct and breach of contract filed in Western Australia – preliminary interlocutory management and orders at Western Australia District Registry – whether proceedings should be transferred to Victoria District Registry – significance of interrelationship between proceedings – balance of convenience

Federal Court of Australia Act 1976 (Cth) s 48 Trade Practices Act 1975 (Cth) s 52 AMC Investments Ltd v Willey (unreported, von Doussa J, 23 November 1989) considered Aquila Resources Ltd v Spark [2003] FCA 394 cited BWK Elders (Australia) Pty Ltd v Westgate Wool Co Pty Ltd (No 6) [2002] FCA 807 cited Cultivaust Pty Ltd v Grain Pool of WA [2000] FCA 974 cited KC Park Safe (SA) Pty Ltd v Adelaide Terrace Investments Pty Ltd (unreported, Finkelstein J, 15 May 1998) followed National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 applied WG & B Manufacturing Pty Ltd v Telsa Farad Pty Ltd [1999] FCA 859 cited Wyllie Group Pty Ltd v ANZ Securities Ltd [2000] FCA 1382 cited AQUILA RESOURCES LIMITED and AQUILA EHM PTY LTD v JOHN M SPARK, PETER D McCLUSKEY, SAVAGE RESOURCES LIMITED and SAVAGE EHM FINANCE PTY LTD W3007 of 2003 AQUILA RESOURCES LIMITED and AQUILA EHM PTY LTD v PASMINCO LIMITED and SAVAGE RESOURCES LIMITED and SAVAGE EHM FINANCE PTY LTD W136 of 2003 RD NICHOLSON J 30 JANUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W3007 OF 2003