Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austal Ships Pty Ltd v Stena Rederi Aktiebolag [2004] FCA 302
Practice and procedure –application for the transfer of proceedings to the New South Wales District Registry – whether transfer appropriate in the circumstances of the case Patents Act 1990 (Cth) – s 60(4) Federal Court of Australia Act 1976 (Cth) – s 48 Federal Court Rules – Order 10 r 1(2)(f) Frederikshavn Vaerft A/S v Stena Rederi Aktiebolag (2002) 124 FCR 243 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 – applied Australian Competition and Consumer Commission v Pauls Ltd [2002] FCA 71 – referred to F Hoffman La Roche v New England Biolabs Inc (2000) 99 FCR 56 – referred to Genetics Institute Inc v Kirin-Amgen Inc (1999) 92 FCR 106 – referred to Friends of Hinchinbrook Society v Minister for Environment (No. 1) (1996) 69 FCR 1 – referred to AUSTAL SHIPS PTY LTD v STENA REDERI AKTIEBOLAG V 230 OF 2000 CRENNAN J MELBOURNE 26 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 230 OF 2000
BETWEEN: AUSTAL SHIPS PTY LTD
APPLICANT
AND: STENA REDERI AKTIEBOLAG
RESPONDENT
JUDGE: CRENNAN J
DATE OF ORDER: 26 MARCH 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The motion dated 15 March 2004 be allowed. 2. Proceeding V 230 of 2000 be transferred to the New South Wales District Registry of the Federal Court of Australia. 3. Costs of the motion to be the respondent's costs in any event. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 230 OF 2000
BETWEEN: AUSTAL SHIPS PTY LTD
APPLICANT
AND: STENA REDERI AKTIEBOLAG
RESPONDENT
JUDGE: CRENNAN J
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