Intercoal Limited v Tarong Energy Corporation Limited [2006] FCA 85

FEDERAL COURT OF AUSTRALIA

Intercoal Limited v Tarong Energy Corporation Limited [2006] FCA 85 PROCEDURE – transfer to another registry – proceeding concerning prevention of entry into market or deterrence or prevention from engagement in competitive conduct – markets located in Queensland – conduct said to have taken place in Queensland – both parties having offices in Queensland – likelihood that all non-expert witnesses would be from Queensland – selection of applicant's solicitors and counsel in Perth not capricious – financial differences between applicant and respondent – case most suitably conducted in Queensland Corporations Act 2001 (Cth) s 724 Federal Court of Australia Act 1976 (Cth) s 48 Trade Practices Act 1974 (Cth) s 82 Federal Court Rules O 10 r 1(2)(f), O 30 r 6(2) Aquila Resources Limited v Pasminco Limited [2004] FCA 39 Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2003] FCA 430 Australian Competition and Consumer Commission v Pauls Ltd [2002] FCA 71 BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No. 6) [2002] FCA 807 Cultivaust Pty Ltd v Grainpool of WA [2000] FCA 974 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 83 ALR 434 Squires v Stephenson (1981) 53 FLR 164 INTERCOAL LIMITED v TARONG ENERGY CORPORATION LIMITED WAD 359 of 2005 NICHOLSON J 10 FEBRUARY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 359 OF 2005

BETWEEN: INTERCOAL LIMITED

ACN 072 871 133

APPLICANT

AND: TARONG ENERGY CORPORATION LIMITED

ACN 078 848 736

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 10 FEBRUARY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's notice of motion dated 13 December 2005 be granted. 2. Pursuant to Order 10, rule 1(2)(f) of the Federal Court Rules, the proceeding be transferred to the Queensland District Registry. 3. The respondent's costs of and incidental to the notice of motion be paid by the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.