Custance v SC Admin Pty Ltd [2017] FCA 511

FEDERAL COURT OF AUSTRALIA

Custance v SC Admin Pty Ltd [2017] FCA 511 File number: SAD 272 of 2016

Judge: BESANKO J

Date of judgment: 16 May 2017

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for transfer of proceeding to another registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court Rules 2011 (Cth) – consideration of the weight to be given to a choice of jurisdiction clause – where contracts containing the relevant choice of jurisdiction clause do not appear to be central to the claims – where applicants' choice of forum was not capricious – where most, if not all, pleaded conversations and discussions took place in Queensland – where convenience of witnesses numerically favours grant of transfer but not overwhelmingly – where electronic exchange of documents renders document location a neutral factor – where delay a factor but not significant.

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) s 18 Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules 2011 (Cth) r 2.02

Cases cited: Aquila Resources Limited v Pasminco Limited [2004] FCA 39 Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd [2012] FCA 1383 KC Park Safe (SA) Pty Ltd and Ors v Adelaide Terrace Investments Pty Ltd [1998] FCA 601 Mortimer v Opes Prime Stockbroking Limited (ACN 086 294 028) (Administrators Appointed) (In Liquidation) [2009] FCA 227 National Mutual Holdings Pty Ltd and Others v The Sentury Corporation and Another (1988) 19 FCR 155 Wepar Nominees Pty Ltd v Schofield [2013] FCA 920