Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 5) [2006] FCA 505

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 5) [2006] FCA 505

Given the advanced stage of case management in the Perth Registry, presence of counsel and solicitors in Perth, prior transportation of documents, and limited economic benefit in relocating, the trial should proceed in Perth. Any necessary witness evidence may be taken by video link if appropriate.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Civil / Pre Trial Directions (venue of Trial and Related Orders)
Outcome
Trial to proceed in Perth; applications for evidence by video link allowed; costs of venue directions to respondents in any event.
Legal Topics
['venue of Trial' 'costs' 'case Management']
['practice and Procedure'] ['venue of Trial' 'costs' 'case Management']

Case Brief

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Procedural Posture

Civil / Pre Trial Directions (venue of Trial and Related Orders)

Legal Issues

  1. 1 ['What is the appropriate venue for the trial given the location of witnesses, parties, legal practitioners, and discovered documents?']

Ratio Decidendi

Given the advanced stage of case management in the Perth Registry, presence of counsel and solicitors in Perth, prior transportation of documents, and limited economic benefit in relocating, the trial should proceed in Perth. Any necessary witness evidence may be taken by video link if appropriate.

Court Disposition

Trial to proceed in Perth; applications for evidence by video link allowed; costs of venue directions to respondents in any event.

Orders

  • ['The trial of the action is to be heard in Perth.' 'Liberty to the parties to apply for the evidence of any witness to be adduced by video link.' 'Any application to adduce evidence by video link is to be made on or before 1 June 2006 or by consent order.' "Costs of the directions relating to venue to be the...