Australian Co-Operative Foods Ltd & Anor v National Foods Milk Ltd

[1998] FCA 376

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Court:

Judge: LINDGREN

Subject References:
PRACTICE AND PROCEDURE
Transfer of proceeding
whether proceeding should be transferred from New South Wales District Registry to Victorian District Registry
application based on alleged contravention of the Trade Practices Act 1974 s 46 (1) and breach of contract
exploitation of market power
termination of supply agreement
market in Victoria
conduct complained of occurring in Victoria
Victorian law proper law of the contract
parties' contractual consent to litigation being conducted in "Victorian Courts"
witnesses residing in both New South Wales and Victoria
applicants' solicitors in Sydney, experienced in the industry concerned
exercise of discretion
case management
individual docket system

Legislative References:
Federal Court of Australia Act 1976 s 48 - s 48
Federal Court Rules - O 10 r 1(2)(f), O 30 r 6

Case References:
Byrne & Davidson Engineering Pty Ltd v PMC Engineering Pty Ltd - 2 October 1980 (David Hunt J) CL 11418/80, Ritchie's Supreme Court Practice, Vol 2 [13021]
National Mutual Holdings Pty Ltd v Sentry Corporation - (1988) 19 FCR 155; (1988) 83 ALR 434
Squires v Stephenson - (1981) 53 FLR 164
PJE Pty Ltd v Dame Pty Ltd - unreported, FCA/North J, 13 June 1997

Hearing date: 1 APRIL 1998
Judgment date: 2 APRIL 1998

SYDNEY

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THE COURT ORDERS THAT:

1.

The proceeding be transferred to the Victorian District Registry of the Court.

2.

The respondent's costs of the motion be part of the respondent's costs of the proceeding.