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 (No 3) [2021] FCA 1511 File numbers: SAD 122 of 2020 SAD 103 of 2021
Judgment of: WHITE J
Date of judgment: 2 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for the trial of matters commenced in the South Australian District Registry of the Court to be conducted in Sydney – consideration of the location of witnesses – consideration of the parties' personal circumstances – whether it is appropriate for witnesses to be examined in person – trial to be heard partly in Adelaide and partly in Sydney.
Legislation: Corporations Act 2001 (Cth) s 233
Cases cited: Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306; (2009) 181 FCR 152 Commissioner of Taxation v Oswal (No 5) [2015] FCA 1504 Farrar v Lacy, Hartland & Co (1885) 28 Ch D 482 Mahmood v Abdul Wahid and Sons Pty Ltd, in the matter of Abdul Wahid and Sons Pty Ltd [2020] FCA 1689 Mahmood v Abdul Wahid and Sons Pty Ltd, in the matter of Abdul Wahid and Sons Pty Ltd (No 2) [2021] FCA 535 Mulherin v Commissioner of Taxation [2013] FCAFC 115
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 26
Date of hearing: 1 November 2021
Counsel for the Plaintiffs: Mr P Heywood-Smith QC with Mr D Riggall
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