Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Jet Pty Ltd v Air Affairs (Australia) Pty Ltd [2017] FCA 452 File number: VID 215 of 2017
Judge: MARKOVIC J
Date of judgment: 2 May 2017
Catchwords: PRACTICE AND PROCEDURE – application for change of venue – whether to exercise discretion – factors relevant to exercise of discretion – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules 2011 (Cth) r 2.02
Cases cited: Duncan v AAI Limited, in the matter of Quinnco Pty Ltd (receivers and managers appointed) [2016] FCA 1035 Mortimer v Opes Prime Stockbroking Ltd (administrators appointed) (in liquidation) [2009] FCA 227 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155
Date of hearing: Determined on the papers
Date of last submissions: 21 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 36
Counsel for the Plaintiff: Mr J Kohn
Solicitor for the Plaintiff: Snowton Saje
Counsel for the Defendant: Ms M Painter SC
Solicitor for the Defendant: Norton White
ORDERS VID 215 of 2017
BETWEEN: AUSTRALASIAN JET PTY LTD ABN 32 051 843 586 Plaintiff
AND: AIR AFFAIRS (AUSTRALIA) PTY LTD ABN 94 006 238 839 Defendant
JUDGE: MARKOVIC J DATE OF ORDER: 2 MAY 2017
THE COURT ORDERS THAT:
1. Paragraph 7 of the defendant's interlocutory process filed on 3 April 2017 be dismissed. 2. The defendant pay the plaintiff's costs of the application made pursuant to paragraph 7 of the defendant's interlocutory process filed on 3 April 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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