Markethaven Pty Ltd (subject to Deed of Company Arrangement) v Commonwealth of Australia [2009] FCA 694

FEDERAL COURT OF AUSTRALIA

Markethaven Pty Ltd (subject to Deed of Company Arrangement) v Commonwealth of Australia [2009] FCA 694

PRACTICE AND PROCEDURE – application for transfer of proceeding to other Registry of Court – similar proceedings, including representative proceeding, commenced in Registry after this proceeding commenced – whether choice of place to commence proceeding capricious – whether sound reason to direct that proceeding be conducted and continued elsewhere – balance of convenience – relevant matters – significance of proceedings in other Registry – place where events forming basis of claim occurred – location of parties – location of witnesses – location of documents – location of legal representatives – delay – relationship between this proceeding and representative proceeding Held: order made that proceeding be conducted and continued in other Registry of Court – choice of place to commence proceeding not capricious but sound reason for making order and balance of convenience clearly favours making of order. Corporations Act 2001 (Cth) ss 180, 436A, 596B, 597 Federal Court of Australia Act 1976 (Cth) s 48, s 51A, Pt IVA Judiciary Act 1903 (Cth) s 55ZF Jurisdiction of Courts (Cross-vesting) Act 1987 (Qld) Therapeutic Goods Act 1989 (Cth) 28, 30, 31, s 41, Pt 3-3 Federal Court Rules O 10 r 1, O 29 r 5 Accfin International Securities Co Ltd v National Trustee Executors and Agency Co of Australasia Ltd (1990) 99 FLR 432 discussed Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2003] FCA 430 cited Australian Competition & Consumer Commission v Pauls Ltd [2002] FCA 71 cited Commonwealth of Australia v Sheahan, in the matter of Markethaven Pty Ltd (subject to a deed of company arrangement) [2004] FCA 1301 discussed Cycles & Wheelman Pty Ltd v Beltech Corporation Ltd (1988) 80 ALR 279 discussed National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 discussed Rafferty v Time 2000 West Pty Limited [2008] FCA 1925 cited MARKETHAVEN PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) v COMMONWEALTH OF AUSTRALIA, RITA MACLACHLAN, PIO CESARIN, TERRY SLATER, ROBERT TRIBE and NOEL FRASER