Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty Ltd [2006] FCA 1361

FEDERAL COURT OF AUSTRALIA

Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty Ltd [2006] FCA 1361

COURTS AND JUDICIAL SYSTEM – cross-vesting – applicant commenced defamation proceedings in a Supreme Court – applicant commenced proceedings for breach of Trade Practices Act in Federal Court of Australia – defamation claims and trade practices claims against various parties arising from single act of publication by corporate respondent in this Court and its defendant director in Supreme Court – objective effect of continuation of proceedings in Federal Court in one State when other proceedings are pending in the Supreme Court in another State – disproportionate hardship to be endured by respondents if separate proceedings maintained – interests of justice Held – Interests of justice dictate that the proceedings should be transferred to the Supreme Court of Victoria; parties to submit draft short minutes of order reflecting reasons Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) Batistatos v Road & Traffic Authority of New South Wales(2006) 227 ALR 425 referred to BHP Billiton Ltd v Schultz (2004) 221 CLR 400 applied Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575considered Henry v Henry (1996) 185 CLR 571considered Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 referred to Maniotis v JH Lever & Co Pty Ltd [2006] FCAFC 7 considered National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 cited Snowy Mountains Organic Dairy Products Pty Ltd v Australian Broadcasting Corporation [2006] VSC 138 considered SNOWY MOUNTAINS ORGANIC DAIRY PRODUCTS PTY LTD (ACN 085 342 749) v WHOLEFOODS PTY LTD (ACN 069 507 482) AND ANOR NSD 637 OF 2006

RARES J

19 octoBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA