Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd, in the matter of TCL Airconditioner (Zhongshan) Co Ltd [2017] FCA 1015 File number: WAD 189 of 2017
Judge: MCKERRACHER J
Date of judgment: 30 August 2017
Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings pursuant to Federal Court Rules 2011 (Cth) r 2.02 and Federal Court of Australia Act 1976 (Cth) s 48(1) – whether there is sound reason to direct that the proceeding be conducted or continued elsewhere – whether choice to commence proceedings in Western Australian Registry was capricious – whether application premature
Legislation: Corporations Act 2001 (Cth) Pt 5.7, ss 9, 21, 21(3), 583, 585 Federal Court of Australia Act 1976 (Cth) s 48(1) Federal Court Rules 2011 (Cth) r 2.02
Cases cited: Gebo Investments (Labuan) Ltd v Signatory Investments Pty Ltd [2005] NSWSC 544 Mortimer v Opes Prime Stockbroking Limited (in liq) [2009] FCA 227 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155
Date of hearing: 28 July 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 16
Counsel for the Plaintiff: Mr M Holler
Solicitor for the Plaintiff: Norton Rose Fulbright
Counsel for the Defendant: Mr M Galvin QC and Mr D Bailey
Solicitor for the Defendant: Hunt & Hunt
ORDERS WAD 189 of 2017 IN THE MATTER OF TCL AIRCONDITIONER (ZHONGSHAN) CO LTD BETWEEN: TCL AIRCONDITIONER (ZHONGSHAN) CO LTD Plaintiff
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