Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robbins v Sons of Gwalia Ltd [2009] FCA 96
PRACTICE AND PROCEDURE – application to transfer proceedings to Supreme Court of Western Australia – two related proceedings currently before Supreme Court of Western Australia – "nuts and bolts" management decision – which court, in the pursuit of the interests of justice, is the most appropriate forum – interests of justice wider than those of parties to proceedings – interests of creditors taken into account – expense and inconvenience – substantial overlap between issues in current proceedings and proceedings in Western Australia – application to transfer granted Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Trade Practices Act 1974 (Cth) Bankinvest AG v Seabrook (1988) 14 NSWLR 711 followed BHP Billiton Limited v Schultz (2004) 221 CLR 400 followed Re Wilcox; ex parte Venture Industries Pty Limited (1996) 66 FCR 511 referred to DAWN EVELYN ROBBINS v SONS OF GWALIA LTD (UNDER EXTERNAL ADMINISTRATION) (ACN 008 994 287), DARREN WEAVER, GARRY JOHN TREVOR and ANDREW LOVE TIMCAL PTY LTD (ACN 006 190 512) v SONS OF GWALIA LTD (UNDER EXTERNAL ADMINISTRATION) (ACN 008 994 287), DARREN WEAVER, GARRY JOHN TREVOR and ANDREW LOVE LIKNO ESTABLISHMENT AS TRUSTEE FOR THE CLYDE TRUST v SONS OF GWALIA LTD (UNDER EXTERNAL ADMINISTRATION) (ACN 008 994 287), DARREN WEAVER, GARRY JOHN TREVOR and ANDREW LOVE
NSD 806 of 2008
NSD 807 of 2008
NSD 808 of 2008
JACOBSON J
6 FEBRUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 806 of 2008
BETWEEN: DAWN EVELYN ROBBINS
Plaintiff
AND: DARREN WEAVER
First Defendant
GARRY JOHN TREVOR
Second Defendant
ANDREW LOVE
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