Vasta v Tuni Engineering Pty Ltd [2006] FCA 1780

FEDERAL COURT OF AUSTRALIA

Vasta v Tuni Engineering Pty Ltd [2006] FCA 1780

PRACTICE AND PROCEDURE – application for transfer of proceeding to Cairns Registry of the Federal Court – 'proper place' of the proceeding within the meaning of O 1 r 4 of the Federal Court Rules is Sydney – consideration of the power of the Court to direct that a proceeding be transferred to another place – consideration of factors likely to influence the exercise of the Court's power – location of solicitors and barristers – location of lay witnesses – location of expert witnesses – transferral of proceeding to a place where no judge is resident – Held: no sound reason to direct that the proceeding be transferred to the Cairns Registry of the Federal Court Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules O 1 r 4, O 10 r 1(2)(f), O 30 r 6 Andrew & Frewin Pty Ltd v Arrow Limited [1990] FCA 247 cited National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 applied SALVATORE VASTA AND S & S BRICKLAYERS PTY LTD TRADING AS BETA HEAD HIRE ACN 105 207 789 v TUNI ENGINEERING PTY LTD ACN 066 317 557 AND WAYNE TUNI NSD 1818 OF 2006

BRANSON J

11 DECEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1818 OF 2006

BETWEEN: SALVATORE VASTA

First Applicant

S & S BRICKLAYERS PTY LTD TRADING AS BETA HEAD HIRE ACN 105 207 789

Second Applicant

AND: TUNI ENGINEERING PTY LTD ACN 066 317 557

First Respondent

WAYNE TUNI

Second Respondent

JUDGE: BRANSON J

DATE OF ORDER: 11 DECEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS:

1. That the application for the proceeding to be transferred to the Cairns Registry of the Court be dismissed. 2. By consent, that the costs of the application be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA