Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd (No 2) [2020] FCA 199 File number(s): SAD 48 of 2019
Judge(s): ANDERSON J
Date of judgment: 25 February 2020
Catchwords: PRACTICE AND PROCEDURE – application by plaintiffs to transfer proceeding to Supreme Court of Victoria – where proceeding involves dispute regarding co-executors and co-trustees under a will – where issues regarding the composition of the executorship and trusteeship under the will are foreshadowed – where plaintiffs have unnecessarily delayed making transfer application – where fourth defendant is in ill health – whether transfer is in the interests of justice Held: proceedings transferred to Supreme Court of Victoria
Legislation: Judiciary Act 1903 (Cth) s 79 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5(4) Trustee Act 1958 (Vic) Supreme Court (General Civil Procedure) Rules 2015 (Vic) O 54
Cases cited: BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd [2019] FCA 1717 Lester v Lester [2018] VSC 611
Date of hearing: 25 February 2020
Registry: South Australia
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