Cytel Pty Limited v Mastech Asia Pacific Pty Limited [2004] FCA 1464

FEDERAL COURT OF AUSTRALIA

Cytel Pty Limited v Mastech Asia Pacific Pty Limited [2004] FCA 1464 TRADE PRACTICES – transfer of proceedings – application for transfer of proceedings from New South Wales District Court to Federal Court – related proceedings commenced in Federal Court – whether appropriate to transfer– factors applicable to exercise of judicial discretion – judicial discretion exercised – application for transfer allowed Federal Court of Australia Act 1976 (Cth) s 32 Trade Practices Act 1974 (Cth) s 86A(4) Australian Competition & Consumer Commission v Glendale Chemical Products Pty Ltd [1998] FCA 108 Trade Practices Commission v Port Adelaide Wool Co Pty Ltd (1995) ATPR ¶41-441 CYTEL PTY LIMITED (ACN 098 580 815) v MASTECH ASIA PACIFIC PTY LIMITED (ACN 080 574 616) NSD2008 OF 2003 BENNETT J 11 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2008 OF 2003

BETWEEN: CYTEL PTY LIMITED

(ACN 098 580 815)

APPLICANT

AND: MASTECH ASIA PACIFIC PTY LIMITED

(ACN 080 574 616)

RESPONDENT

JUDGE: BENNETT

DATE OF ORDER: 11 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT: 1. Pursuant to section 86A(4) of the Trade Practices Act 1974 (Cth), the Local Court of New South Wales proceedings 6549 of 2003 be transferred to the Sydney Registry of the Federal Court of Australia.

the court orders that: 2. The proceedings so transferred be heard together with Federal Court proceedings N2008 of 2003. 3. The costs of the Local Court proceedings be costs of the proceedings as transferred. 4. The costs of this motion for transfer be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA