Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Smart Company Pty Ltd v Clipsal Integrated Systems Pty Ltd
[2006] FCA 428
PRACTICE AND PROCEDURE - application to transfer proceeding from Western Australia District Registry to South Australia District Registry - natural locus of proceeding in South Australia - claim relates to certain business activities by respondents in South Australia - preparation of matter for trial not at an advanced stage - persons resident in South Australia are the instructors of both applicant and respondent - applicant's law firm changed from one based solely in Western Australia to one with a national presence - new docket judge required - location of assets and liabilities of directions in South Australia in respect of security for costs. BHP Billiton Ltd v Schultz (2004) 211 ALR 523 referred to BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No 6) [2002] FCA 807 referred to Moltoni Corporation Pty Ltd v Adelaide Brighton Cement Ltd [2004] FCA 482 referred to National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 referred to Shin Chin Distributors Pte Ltd v Parmalat Australia Ltd [2003] FCA 1629 referred to Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 referred to
THE SMART COMPANY PTY LTD v CLIPSAL AUSTRALIA PTY LTD, CLIPSAL INTEGRATED SYSTEMS PTY LTD and CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD
WAD 132 of 2004 LEE J 29 MARCH 2006 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 132 OF 2004
BETWEEN: THE SMART COMPANY PTY LTD (ACN 061 975 344)
APPLICANT
AND: CLIPSAL AUSTRALIA PTY LTD (ACN 007 873 529)
FIRST RESPONDENT
CLIPSAL INTEGRATED SYSTEMS PTY LTD
(ACN 089 444 931)
SECOND RESPONDENT
CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate