Microsoft Corporation v Ferguson [2002] FCA 833

Microsoft Corporation v Ferguson [2002] FCA 833

The Court was satisfied that service should be regularised under O 7 r 9 and r 10, but refused costs because the applicants had not handled the matter with due regard for the Rules of Court. Given the respondents were located in Western Australia, it was unfair and highly inconvenient for them to deal with the proceeding in the Sydney Registry, so the proceeding was transferred to the Western Australia Registry.

Jurisdiction
Australia
Judgment Date
04 June 2002
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Application Concerning Service, Costs, Adjournment and Transfer of Registry
Outcome
Service regularised; no order as to costs; proceeding adjourned for directions and transferred to the Western Australia Registry.
Legal Topics
['service of Originating Process' 'abridgment of Time for Service' 'costs of Interlocutory Application' 'transfer of Proceeding to Another Registry' 'venue and Convenience']
['civil Procedure'] ['service of Originating Process' 'abridgment of Time for Service' 'costs of Interlocutory Application' 'transfer of Proceeding to Another Registry' 'venue and Convenience']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Application Concerning Service, Costs, Adjournment and Transfer of Registry

Legal Issues

  1. 1 ['Whether orders should be made under O 7 r 9 and r 10 regularising service of the amended application and statement of claim on Donald Wayne Ferguson.' 'Whether costs should be ordered on the application.' 'Whether the proceeding should continue in the Sydney Registry or be transferred to the Western Australia Registry.']

Ratio Decidendi

The Court was satisfied that service should be regularised under O 7 r 9 and r 10, but refused costs because the applicants had not handled the matter with due regard for the Rules of Court. Given the respondents were located in Western Australia, it was unfair and highly inconvenient for them to deal with the proceeding in the Sydney Registry, so the proceeding was transferred to the Western Australia Registry.

Court Disposition

Service regularised; no order as to costs; proceeding adjourned for directions and transferred to the Western Australia Registry.

Orders

  • ['The amended application referred to in paragraph 5 of the affidavit of Geoffrey Lyndon Davis, sworn 28 May 2002, be taken to have been served on Donald Wayne Ferguson on 24 May 2002.' 'A copy of the statement of claim be taken to have been served on Donald Wayne Ferguson on 24 May 2002.' 'The time for service of...