Comeau v Libbesson [2019] FCA 1577

FEDERAL COURT OF AUSTRALIA

Comeau v Libbesson [2019] FCA 1577 File number(s): VID 819 of 2019

Judge(s): ANDERSON J

Date of judgment: 25 September 2019

Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from the Victoria District Registry to the New South Wales District Registry pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) – where applicants are Canadian and respondents are based in New South Wales – where likely witnesses are based in Canada or New South Wales – where minimal connection between dispute and Victoria Held: application granted – proceeding transferred to the New South Wales District Registry

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37M(3), 48, 48(1)

Cases cited: Atrum Coal NL v Moran [2015] FCA 1530 Auschem Pacific Group Pty Ltd v Tismor Health & Wellness Pty Limited [2019] FCA 1216 Australasian Jet Pty Ltd v Air Affairs (Australia) Pty Ltd [2017] FCA 452 Australian Competition and Consumer Commission v Pauls Ltd [2002] FCA 71 Baxendale's Vineyard Pty Ltd v Geographical Indications Committee [2007] FCA 22; 156 FCR 444 Custance v SC Admin Pty Ltd [2017] FCA 511 Cycles & Wheelman Pty Ltd & Ors v Beltech Corporation Ltd (1988) 80 ALR 279 Mortimer v Opes Prime Stockbroking Ltd (ACN 086 294 028) (Administrators Appointed) (in liq) [2009] FCA 227 National Mutual Holdings Pty Ltd v The Sentry Corporation [1988] FCA 133; 19 FCR 155 Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2017] FCA 1616 TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronic Pty Ltd, in the matter of TCL Airconditioner (Zhongshan) Co Ltd [2017] FCA 1015 Walsh, Liquidator of D&R Community Services Pty Ltd (Receivers & Managers Appointed) (In Liq) v Commissioner of Taxation [2018] FCA 1739 Wepar Nominees Pty Ltd v Schofield [2013] FCA 920