Charter Pacific Corporation Ltd v Commonwealth Scientific & Industrial Research Organisation [1998] FCA 1362

Charter Pacific Corporation Ltd v Commonwealth Scientific & Industrial Research Organisation [1998] FCA 1362

Having regard to the nature of the dispute, the proper law of the contract, the agreement to submit to the jurisdiction of the State Courts of Victoria, the likely length and location of trial, and the interests of justice, the Supreme Court of Victoria is the more appropriate court to determine the substantive dispute. Discretion under both s5(4)(b)(ii) of the Courts (Cross-Vesting) Act and s86A of the Trade Practices Act was exercised to order the transfer.

Parties
Applicant/cross Respondent: Charter Pacific Corporation Limited; Respondent/cross Applicant: Commonwealth Scientific and Industrial Research Organisation
Jurisdiction
Australia
Judgment Date
28 October 1998
Procedural Posture
Application to Transfer Proceedings / Determination of Transfer Application
Outcome
Proceedings transferred to Supreme Court of Victoria; costs orders as specified.
Legal Topics
Transfer of Proceedings, Cross Vesting, Breach of Contract, Misleading and Deceptive Conduct
Practice and Procedure Commercial Law Trade Practices Transfer of Proceedings Cross Vesting Breach of Contract Misleading and Deceptive Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Charter Pacific Corporation Limited

Applicant/cross Respondent

Commonwealth Scientific and Industrial Research Organisation

Respondent/cross Applicant

Procedural Posture

Application to Transfer Proceedings / Determination of Transfer Application

Legal Issues

  1. 1 Whether the proceeding should be transferred to the Supreme Court of Victoria under the Courts (Cross-Vesting) Act 1987 (Cth) and Trade Practices Act 1974 (Cth)
  2. 2 Whether the interests of justice require the transfer of the proceeding
  3. 3 Characterisation of the claim as breach of contract or misleading and deceptive conduct

Ratio Decidendi

Having regard to the nature of the dispute, the proper law of the contract, the agreement to submit to the jurisdiction of the State Courts of Victoria, the likely length and location of trial, and the interests of justice, the Supreme Court of Victoria is the more appropriate court to determine the substantive dispute. Discretion under both s5(4)(b)(ii) of the Courts (Cross-Vesting) Act and s86A of the Trade Practices Act was exercised to order the transfer.

Court Disposition

Proceedings transferred to Supreme Court of Victoria; costs orders as specified.

Orders

  • Proceedings QG 175 of 1996 and all matters arising for determination in it be transferred to the Supreme Court of Victoria pursuant to s5(4)(b)(ii) of the Courts (Cross-Vesting) Act 1987 (Cth) and s86A(1) of the Trade Practices Act 1974 (Cth).
  • The costs of and incidental to the motion for the transfer of the proceedings be costs in the cause.