Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ualesi v Expeditors International Pty Ltd [2004] FCA 1705
PRACTICE AND PROCEDURE – application to cross-vest Local Court of New South Wales proceedings to Federal Court of Australia – application for leave to serve subpoenas in New Zealand – no basis or foundation in law for application to cross-vest – no jurisdiction to grant leave to serve subpoenas in New Zealand until after issue thereof by Local Court – both applications dismissed
Trade Practices Act 1974 (Cth) ('TP Act') Judiciary Act 1903 (Cth Evidence and Procedure (New Zealand) Act 1994 (Cth) Quarantine Act 1908 (Cth) Customs Act 1901 (Cth) Civil Aviation (Carriers Liability) Act 1959 (Cth)
Churcher V Edwardstown Carpets (reg) (1993) 11 ACLC 393 Putnin v Jenka Pty Ltd (1994) 12 ACLC 282 Queensland Steel and Sheet Pty Ltd v Clout (1994) 12 ACLC 444 Bell Group Ltd v Westpac Banking Corp [2000] FCA 439 Bluett v Fadden (1956) 56 SR (NSW) 254 R v Donyadideh & Ors (1993) 115 ACTR 1 ANASTASIA UALESI AND PETI J UALESI T/AS AUSTRALIAN EMPIRE IMPORTS v EXPEDITORS INTERNATIONAL PTY LTD NSD 1511 OF 2004 CONTI J 20 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 OF 2004
BETWEEN: ANASTASIA UALESI & PETI J UALESI T/AS AUSTRALIAN EMPIRE IMPORTS
APPLICANTS
AND: EXPEDITORS INTERNATIONAL PTY LTD
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 20 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application dismissed. 2. Submissions as to whether indemnity costs should be ordered against the applicants be provided in writing within 14 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1511 OF 2004
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