Starr Partners Pty Ltd v Dev Prem Pty Ltd (No 1) [2005] FCA 1743

FEDERAL COURT OF AUSTRALIA

Starr Partners Pty Ltd v Dev Prem Pty Ltd (No 1) [2005] FCA 1743 PRACTICE & PROCEDURE – transfer of proceedings – where trademark infringement and related actions filed in New South Wales district registry – where impugned conduct occurred in Queensland – where parties' businesses carried on in New South Wales and Queensland respectively – where parties engaged legal representatives in their respective states – whether transfer to Queensland district registry appropriate

Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules O 10 r 1, O 30 r 6(2)(f) Arrowcrest Group Limited v DJM Racing Wheels Limited [2003] FCA 564, referred to Esco Corp v Wundowie Foundry Pty Ltd [2003] FCA 587, referred to National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155, applied STARR PARTNERS PTY LIMITED v DEV PREM PTY LIMITED, LALIT KUMAR DEVPAL BHALLA and ANIL PRAKASH CHANDRA NSD 422 OF 2005 EDMONDS J 5 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 422 OF 2005

BETWEEN: STARR PARTNERS PTY LIMITED

APPLICANT

AND: DEV PREM PTY LIMITED

FIRST RESPONDENT

LALIT KUMAR DEVPAL BHALLA

SECOND RESPONDENT

ANIL PRAKASH CHANDRA

THIRD RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 5 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion be dismissed. 2. The respondents pay the applicant's costs. 3. The matter be listed for further directions on Tuesday, 6 December 2005 at 9.30 am.

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 422 OF 2005

BETWEEN: STARR PARTNERS PTY LIMITED