Federal Court of Australia
Federal Court of Australia Moss v Contracoin Pty Ltd [2023] FCA 125 File number: NSD 676 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 27 February 2023
Catchwords: PRACTICE AND PROCEDURE – application to transfer proceedings from the New South Wales Registry of the Court to the Queensland Registry pursuant to r 2.02 of the Federal Court Rules 2011 (Cth) and s 48 of the Federal Court of Australia Act 1976 (Cth) – where applicants commenced proceedings in New South Wales – where respondents based in Queensland – where facts alleged have connection with both New South Wales and Queensland – whether application premature – whether proceedings should be transferred – Held: application dismissed with costs.
Legislation: Federal Court of Australia Act 1976 (Cth) s 48
Cases cited: Lamb v Hog's Breath Company Pty Ltd (No 1) [2007] FCA 49 National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 23
Date of last submissions: 28 November 2022
Date of hearing: Determined on the papers
Counsel for Applicants: Mr J M Wheeldon
Solicitor for Applicants: Solve Legal
Counsel for Respondents: Mr I A Erskine
Solicitor for Respondents: Delaneys Lawyers
ORDERS NSD 676 of 2022
BETWEEN: STEPHEN MOSS First Applicant
DANIEL MURRAY HARDEN Second Applicant
CHRISTOPHER JOHN DUTTON (and others named in the Schedule) Third Applicant
AND: CONTRACOIN PTY LTD ACN 626 613 812 First Respondent
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