Federal Court of Australia
Federal Court of Australia
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 2) [2024] FCA 1412 File number(s): NSD 1300 of 2021
Judgment of: GOODMAN J
Date of judgment: 10 December 2024
Catchwords: PRACTICE AND PROCEDURE – application by the first respondent to have the final hearing conducted in Melbourne – where application not brought promptly and brought after earlier orders for the filing of the application were disregarded – where the first respondent is based in Melbourne but spends more time absent from, than in, Melbourne and who is to be in India for the first four to five days of a hearing estimated to take five to seven days – where the applicant and one other party oppose the application and no other party has brought such an application or provided evidence in support of the first respondent's application – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N, 48 Federal Court Rules 2011 (Cth), rr 2.02, 5.04
Cases cited: Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd [2010] FCAFC 96; (2010) 188 FCR 351 Australian Competition and Consumer Commission (ACCC) v Terania Pty Ltd [2007] FCA 1074; (2007) ATPR 42-173 Australian Competition and Consumer Commission v Australian Egg Corporation Ltd [2014] FCA 1010 British American Tobacco Australasia Ltd v Taleb (No 2) [2013] FCA 34 Essential Beauty Franchising Pty Ltd v Essential Beauty (Qld) Pty Ltd [2012] FCA 12 First National Group of Independent Real Estate Agents Ltd v Elyod Investments Pty Ltd [2008] FCA 1260 Lifeplan Australia Friendly Society Ltd v Woff [2015] FCA 290 National Mutual Holdings Pty Ltd v Sentry Corporation [1988] FCA 133; (1988) 19 FCR 155 Neville's Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd [2016] FCA 859
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