Duncan v AAI Limited, in the matter of Quinnco Pty Ltd (Receivers and Managers Appointed) [2016] FCA 1035

Duncan v AAI Limited, in the matter of Quinnco Pty Ltd (Receivers and Managers Appointed) [2016] FCA 1035

Having regard to the majority of relevant events taking place in Queensland, the significance of the property's location for possible inspections and witness location, and the balance of convenience, the proceeding should be transferred to the Queensland District Registry.

Parties
Applicants: Stephen Duncan and Christopher Powell as receivers and managers of Quinnco Pty Ltd (Receivers and Managers Appointed); Respondent: AAI Limited trading as Vero Insurance
Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Interlocutory Application / Application to Transfer Proceedings Between Registries
Outcome
Transfer order made
Legal Topics
Transfer of Proceedings, Venue, Convenience of Witnesses, Inspection of Property
Practice and Procedure Transfer of Proceedings Venue Convenience of Witnesses Inspection of Property

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Parties

Stephen Duncan and Christopher Powell as receivers and managers of Quinnco Pty Ltd (Receivers and Managers Appointed)

Applicants

AAI Limited trading as Vero Insurance

Respondent

Procedural Posture

Interlocutory Application / Application to Transfer Proceedings Between Registries

Legal Issues

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

Ratio Decidendi

Having regard to the majority of relevant events taking place in Queensland, the significance of the property's location for possible inspections and witness location, and the balance of convenience, the proceeding should be transferred to the Queensland District Registry.

Court Disposition

Transfer order made

Orders

  • Pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth), the proceeding be transferred to the Queensland District Registry.