Neilsen v Neilsen [2021] FCA 76

Neilsen v Neilsen [2021] FCA 76

The application to transfer the proceeding to the Queensland Registry was dismissed because transfer would not best promote the overarching purpose of the Federal Court of Australia Act, given potential delay, the national character of the Court, and the nature of current practice focused on national organisation, case management by technology, and efficient trial allocation.

Parties
First Plaintiff: Ruby Margaret Neilsen; Second Plaintiff: Leonie Margaret Merker; First Defendant: Raymond Edwin Neilsen; Second Defendant: Justine Nicole Best; Third Defendant: Alberton Investments Pty Ltd; Fourth Defendant: Engineered Concrete (Qld) Pty Ltd; Fifth Defendant: Neilsens Concrete Pty Ltd; Sixth Defendant: Neilsens Developments Pty Ltd; Seventh Defendant: Neilsens Holdings Pty Ltd; Eighth Defendant: Neilsens Quality Gravels Pty Ltd; Ninth Defendant: NESP (Qld) Pty Ltd; Tenth Defendant: Alberton Holdings Qld Pty Ltd; Eleventh Defendant: Neilsen Group Investments Pty Ltd; Twelfth Defendant: Neilsen Services Group Pty Ltd; Thirteenth Defendant: Neilsen Transport Services Pty Ltd
Jurisdiction
Australia
Judgment Date
29 January 2021
Procedural Posture
Commercial and Corporations (corporations and Corporate Insolvency) / Application to Transfer Proceeding Between Registries (case Management Hearing)
Outcome
Application to transfer dismissed; no order as to costs
Legal Topics
Oppressive Conduct in Corporations, Transfer of Proceedings Between Registries, Case Management
Corporations Law Civil Procedure Oppressive Conduct in Corporations Transfer of Proceedings Between Registries Case Management

Case Brief

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Parties

Ruby Margaret Neilsen

First Plaintiff

Leonie Margaret Merker

Second Plaintiff

Raymond Edwin Neilsen

First Defendant

Justine Nicole Best

Second Defendant

Alberton Investments Pty Ltd

Third Defendant

Engineered Concrete (Qld) Pty Ltd

Fourth Defendant

Neilsens Concrete Pty Ltd

Fifth Defendant

Neilsens Developments Pty Ltd

Sixth Defendant

Neilsens Holdings Pty Ltd

Seventh Defendant

Neilsens Quality Gravels Pty Ltd

Eighth Defendant

NESP (Qld) Pty Ltd

Ninth Defendant

Alberton Holdings Qld Pty Ltd

Tenth Defendant

Neilsen Group Investments Pty Ltd

Eleventh Defendant

Neilsen Services Group Pty Ltd

Twelfth Defendant

Neilsen Transport Services Pty Ltd

Thirteenth Defendant

Procedural Posture

Commercial and Corporations (corporations and Corporate Insolvency) / Application to Transfer Proceeding Between Registries (case Management Hearing)

Legal Issues

  1. 1 Whether the proceeding should be transferred from New South Wales Registry to Queensland Registry under s 48 of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The application to transfer the proceeding to the Queensland Registry was dismissed because transfer would not best promote the overarching purpose of the Federal Court of Australia Act, given potential delay, the national character of the Court, and the nature of current practice focused on national organisation, case management by technology, and efficient trial allocation.

Court Disposition

Application to transfer dismissed; no order as to costs

Orders

  • The proceeding be listed for a case management hearing at 9.30am on 12 February 2021.
  • The parties have leave to approach the Associate to Justice Lee to seek to vacate the case management hearing on 12 February 2021, in which event, the proceeding will be listed for case management hearing at 9.30am on 26 February 2021.