Federal Court of Australia
Federal Court of Australia
Mahmood v Abdul Wahid and Sons Pty Ltd, in the matter of Abdul Wahid and Sons Pty Ltd [2020] FCA 1689 File number: SAD 122 of 2020
Judgment of: WHITE J
Date of judgment: 16 November 2020
Date of publication of reasons: 23 November 2020
Catchwords: PRACTICE AND PROCEDURE – application by the Defendants pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court Rules 2011 (Cth) to transfer the proceeding from the South Australian Registry to the New South Wales Registry – consideration of the interests of the parties and efficient administration of the Court – application dismissed.
Legislation: Corporations Act 2001 (Cth) ss 233, 236, 237 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 48(1) Federal Court Rules 2011 (Cth) r 2.02, Sch 1
Cases cited: Auschem Pacific Group Pty Ltd v Tismor Health & Wellness Pty Limited [2019] FCA 1216 Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2014] FCA 1010 Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2003] FCA 430 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd [2002] FCA 1239 Australasian Jet Pty Ltd v Air Affairs (Australia) Pty Ltd [2017] FCA 452 BWK Elders (Australia) Pty Ltd v Westgate Wool Co Pty Ltd (No 6) [2002] FCA 807 Comeau v Libbesson [2019] FCA 1577 Custance v SC Admin Pty Ltd [2017] FCA 511 Lamb v Hogs Breath Company Pty Ltd (No 1) [2007] FCA 49 Mortimer v Opes Prime Stockbroking Ltd (Administrators Appointed) (in liq) [2009] FCA 227 National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 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
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