Askew, Darren John & Ors v Seventh Granite Pty Ltd & Ors [1995] FCA 383

Askew, Darren John & Ors v Seventh Granite Pty Ltd & Ors [1995] FCA 383

Given the cause of action arose in Victoria, most witnesses reside in Victoria, and no prejudice to applicants if transferred, the proceeding should be transferred to Melbourne pursuant to s. 48 Federal Court of Australia Act 1976 (Cth).

Parties
First Applicant: Darren John Askew; First Applicant: Anthony Francis Askew; Second Applicant: Delaton Pty. Ltd.; First Respondent: Seventh Granite Pty. Ltd. (A.C.N. 007 213 327); Second Respondent: Christopher Wilson (also known as Christopher Askew and Christopher Cramp); Third Respondent: Andrew James Speirs; Fourth Respondent: Lisa Jones
Jurisdiction
Australia
Judgment Date
08 June 1995
Procedural Posture
Application / Interlocutory Transfer of Proceedings
Outcome
Proceeding transferred to Melbourne; costs reserved to trial judge.
Legal Topics
Transfer of Proceedings, Breach of S. 52 Trade Practices Act 1974
Civil Procedure Trade Practices Transfer of Proceedings Breach of S. 52 Trade Practices Act 1974

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Darren John Askew

First Applicant

Anthony Francis Askew

First Applicant

Delaton Pty. Ltd.

Second Applicant

Seventh Granite Pty. Ltd. (A.C.N. 007 213 327)

First Respondent

Christopher Wilson (also known as Christopher Askew and Christopher Cramp)

Second Respondent

Andrew James Speirs

Third Respondent

Lisa Jones

Fourth Respondent

Procedural Posture

Application / Interlocutory Transfer of Proceedings

Legal Issues

  1. 1 Whether the proceeding should be transferred from Brisbane to Melbourne

Ratio Decidendi

Given the cause of action arose in Victoria, most witnesses reside in Victoria, and no prejudice to applicants if transferred, the proceeding should be transferred to Melbourne pursuant to s. 48 Federal Court of Australia Act 1976 (Cth).

Court Disposition

Proceeding transferred to Melbourne; costs reserved to trial judge.

Orders

  • The further conduct of this proceeding be conducted at Melbourne pursuant to s. 48 the Federal Court of Australia Act 1976 (Cth).
  • Costs are reserved to the trial judge.