Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2017] FCA 1616

FEDERAL COURT OF AUSTRALIA

Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2017] FCA 1616 File number: NSD 2072 of 2017

Judge: LEE J

Date of judgment: 21 December 2017

Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from the New South Wales Registry to the Western Australian Registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) – relevance of the National Court Framework and increasing national character of the Court and the legal profession – exercise of discretion subject to the overarching purpose provisions in s 37M of the Federal Court of Australia Act 1976 (Cth) – where the matter is to be heard on an urgent basis and no trial judge has yet been identified – exercise of discretion consistently with the overarching purpose of the civil practice and procedure provisions not in favour of transfer – application dismissed with costs

Legislation: Federal Court of Australia Act 1976 (Cth), Pt VB, ss 37M(1), 37M(3), 48 Land Administration Act 1997 (WA), s 18

Cases cited: National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155

Date of hearing: 21 December 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 16

Counsel for the Applicants: Mr B Le Plastrier

Solicitor for the Applicants: Bartier Perry

Counsel for the Respondents: Mr T Langdon

Solicitor for the Respondents: HWL Ebsworth Lawyers