Duncan v AAI Limited, in the matter of Quinnco Pty Ltd (Receivers and Managers Appointed) [2016] FCA 1035

FEDERAL COURT OF AUSTRALIA

Duncan v AAI Limited, in the matter of Quinnco Pty Ltd (Receivers and Managers Appointed) [2016] FCA 1035 File number: SAD 439 of 2015

Judge: BESANKO J

Date of judgment: 26 August 2016

Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from South Australia District Registry to Queensland District Registry – where proceedings concern alleged damage to property located in Queensland – where possible need for experts to inspect property – where the Court may benefit from a view of the property – where majority of witnesses relevant to matters most likely to be subject of serious dispute are located in Queensland – where applicants reside in South Australia and respondent is a company registered in Queensland – where application made at a relatively early stage of proceedings – Federal Court of Australia Act 1976 (Cth), s 48 – Federal Court Rules 2011 (Cth), r 2.02 Held: Transfer order made.

Legislation: Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules 2011 (Cth) r 2.02

Cases cited: Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd [2012] FCA 1383 Mortimer v Opes Prime Stockbroking Ltd (ACN 086 294 028) (Administrators Appointed) (In Liq) [2009] FCA 227 National Mutual Holdings Pty Ltd and Others v The Sentry Corporation and Another (1988) 19 FCR 155 Wepar Nominees Pty Ltd v Schofield [2013] FCA 920

Date of hearing: 8 July 2016

Registry: South Australia

Division: General Division

National Practice Area: Commercial and Corporations