Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Drilling Services Pty Ltd v Buru Energy Limited [2010] FCA 933
Citation: Australian Drilling Services Pty Ltd v Buru Energy Limited [2010] FCA 933
Parties: AUSTRALIAN DRILLING SERVICES PTY LTD (ACN 115 953 421) v BURU ENERGY LIMITED (ACN 130 651 437)
File number: VID 489 of 2010
Judge: DODDS-STREETON J
Date of judgment: 1 September 2010
Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from Victoria District Registry to Western Australia District Registry – factors relevant to exercise of discretion to transfer – no single highly compelling factor – many inconveniences counterbalanced – more witnesses will suffer inconvenience if proceedings remain in Victoria – cause of action arose in, and subject matter principally involves, Western Australia – application granted
Legislation: Federal Court of Australia Act 1976 (Cth), s 48
Cases cited: Aquila Resources Limited v Pasminco Limited [2004] FCA 39 Garrett v Macks [2009] FCA 253 Jacobs v Claudius Enterprises Pty Ltd (1985) ATPR 40-511 Maxipoint Cultivation Technologies Pty Ltd v Points Direct Pty Ltd [2009] FCA 393 Mortimer v Opes Prime Stockbroking Limited (administrators appointed) (in liquidation) [2009] FCA 227 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 Wyllie Group Pty Ltd v ANZ Securities Ltd [2000] FCA 1382
Date of hearing: 27 August 2010
Date of last submissions: 27 August 2010
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