Truong Giang Corporation v Tung Mau Quach [2014] FCA 447

FEDERAL COURT OF AUSTRALIA

Truong Giang Corporation v Tung Mau Quach [2014] FCA 447 Citation: Truong Giang Corporation v Tung Mau Quach [2014] FCA 447

Parties: TRUONG GIANG CORPORATION v TUNG MAU QUACH

File number(s): VID 41 of 2014

Judge(s): DAVIES J

Date of judgment: 9 May 2014

Catchwords: PRACTICE AND PROCEDURE – application for transfer to the New South Wales District Registry granted – application for indemnity costs of application for transfer refused

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N and 48 Federal Court Rules 2011 (Cth) r 2.02

Cases cited: National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155

Date of hearing: 8 April 2014

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 14

Counsel for the First Applicant: Mr L Merrick

Solicitor for the Applicant: Actuate IP

Counsel for the Respondent: Ms S Chrysanthou

Solicitor for the Respondent: Kalantzis Lawyers

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 41 of 2014

BETWEEN: TRUONG GIANG CORPORATION

Applicant

AND: TUNG MAU QUACH (AKA "JOHN GUACH")

Respondent

JUDGE: DAVIES J DATE OF ORDER: 9 MAY 2014 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) the proceeding be transferred to the New South Wales District Registry of the Federal Court. 2. The mediation fixed for 11 June 2014 is adjourned to a date to be fixed by the New South Wales District Registry of the Federal Court. 3. The costs of the respondent's interlocutory application dated 4 April 2014 be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.