Imperial Granite & Minerals Pty Ltd v Olympia Resources Limited [2009] FCA 1307

Imperial Granite & Minerals Pty Ltd v Olympia Resources Limited [2009] FCA 1307

Because the applicants were to discontinue the Trade Practices Act claim, the only federal matter in the proceedings would be removed; in those circumstances, and having regard to the interests of justice, the whole proceeding should be transferred to the Supreme Court of the Northern Territory, with the applicants paying the respondent's costs thrown away by the discontinuance taxed and paid forthwith if not agreed.

Jurisdiction
Australia
Judgment Date
11 November 2009
Procedural Posture
Contract Claim With Trade Practices Act Claim and Cross Claim / Interlocutory Motion for Leave to Discontinue Trade Practices Act Claim, Leave to Discontinue Cross Claim, Costs, and Transfer of Proceedings
Outcome
Applicants granted leave to discontinue the Trade Practices Act claim; respondent/cross-claimant granted leave to discontinue the cross-claim; applicants ordered to pay costs thrown away; whole proceedings transferred to the Supreme Court of the Northern Territory.
Legal Topics
['discontinuance' 'transfer of Proceedings' 'misleading or Deceptive Conduct' 'costs Thrown Away' 'cross Claim']
['civil Procedure' 'contract Law' 'trade Practices' 'jurisdiction and Cross Vesting'] ['discontinuance' 'transfer of Proceedings' 'misleading or Deceptive Conduct' 'costs Thrown Away' 'cross Claim']

Case Brief

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Procedural Posture

Contract Claim With Trade Practices Act Claim and Cross Claim / Interlocutory Motion for Leave to Discontinue Trade Practices Act Claim, Leave to Discontinue Cross Claim, Costs, and Transfer of Proceedings

Legal Issues

  1. 1 ['Whether the applicants should have leave to discontinue their claim under s 52 and s 82 of the Trade Practices Act 1974 (Cth).' 'Whether the respondent/cross-claimant should have leave to discontinue its cross-claim against Mr Lockett.' 'Whether the whole of the proceedings should be transferred to the Supreme Court of the Northern Territory under s 5(4)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).' "Whether the applicants should pay the respondent's costs thrown away by discontinuance of the Trade Practices Act claim."]

Ratio Decidendi

Because the applicants were to discontinue the Trade Practices Act claim, the only federal matter in the proceedings would be removed; in those circumstances, and having regard to the interests of justice, the whole proceeding should be transferred to the Supreme Court of the Northern Territory, with the applicants paying the respondent's costs thrown away by the discontinuance taxed and paid forthwith if not agreed.

Court Disposition

Applicants granted leave to discontinue the Trade Practices Act claim; respondent/cross-claimant granted leave to discontinue the cross-claim; applicants ordered to pay costs thrown away; whole proceedings transferred to the Supreme Court of the Northern Territory.

Orders

  • ['ORDERS that the applicants have leave to discontinue their claim made pursuant to s 52 and s 82 of the Trade Practices Act 1974 (Cth) by deleting paragraphs 18 to 24 of the Statement of Claim filed herein and by making appropriate consequential changes to the Application.' 'ORDERS that a Notice of Discontinuance...