York Civil Pty Ltd v BHP Billiton Mitsui Coal Pty Ltd [2014] FCA 1422

FEDERAL COURT OF AUSTRALIA

York Civil Pty Ltd v BHP Billiton Mitsui Coal Pty Ltd [2014] FCA 1422 Citation: York Civil Pty Ltd v BHP Billiton Mitsui Coal Pty Ltd [2014] FCA 1422

Parties: YORK CIVIL PTY LTD (ACN 050 019 960) v BHP BILLITON MITSUI COAL PTY LTD (ACN 009 713 875) and BECHTEL AUSTRALIA PTY LTD (ACN 006 334 505)

File number: SAD 170 of 2014

Judge: BESANKO J

Date of judgment: 23 December 2014

Catchwords: PRACTICE AND PROCEDURE – transfer of proceedings – application to transfer proceeding to Supreme Court of Queensland – application in the alternative to transfer proceeding to Queensland registry of the Federal Court – tests applicable on transfer applications as between the Federal Court and a State Court and as between registries of the Federal Court – whether the proceeding ought to be heard by a court in Queensland and, if so, which court in Queensland ought to hear the proceeding – relevance on transfer application of "exclusive jurisdiction" clause in contract – Competition and Consumer Act 2010 (Cth) s 138C; Federal Court of Australia Act 1976 (Cth) s 48; Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4). Held: Application allowed, proceeding transferred to Queensland registry of the Federal Court.

Legislation: Competition and Consumer Act 2010 (Cth) s 138C, Sch 2 s 4 Federal Court of Australia Act 1976 (Cth) ss 37P, 48 Federal Court Rules 2011 (Cth) rr 2.02, 27.21 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Trade Practices Act 1974 (Cth)