Kennedy v Collett [2003] FCA 1412

Kennedy v Collett [2003] FCA 1412

Having considered the residence and health of the first respondent, the residence of the likely witnesses, the New South Wales location of the land and mortgage registrations, the relative expense to the parties, the place where the cause of action arose, the convenience of the Court and the interests of justice, the Court held that the proceeding could be conducted or continued most suitably in the New South Wales District Registry.

Jurisdiction
Australia
Judgment Date
13 November 2003
Procedural Posture
Application Under S 48 of the Federal Court of Australia Act 1976 (cth) to Transfer Proceedings Between District Registries / Interlocutory Application; Pleadings Closed
Outcome
Application granted; proceedings transferred from the South Australia District Registry to the New South Wales District Registry of the Court.
Legal Topics
['transfer of Proceedings Between District Registries' 'convenience of Parties and Witnesses' 'interests of Justice' 'application Under S 121 of the Bankruptcy Act 1966 Concerning Mortgages']
['civil Procedure' 'bankruptcy'] ['transfer of Proceedings Between District Registries' 'convenience of Parties and Witnesses' 'interests of Justice' 'application Under S 121 of the Bankruptcy Act 1966 Concerning Mortgages']

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Procedural Posture

Application Under S 48 of the Federal Court of Australia Act 1976 (cth) to Transfer Proceedings Between District Registries / Interlocutory Application; Pleadings Closed

Legal Issues

  1. 1 ['Whether the proceedings should be transferred from the South Australia District Registry to the New South Wales District Registry of the Court under s 48 of the Federal Court of Australia Act 1976 (Cth).' 'Whether the residence and health of the first respondent, the residence of likely witnesses, the location of the land and mortgages, relative expense, convenience of the Court and the interests of justice made New South Wales the more suitable registry.']

Ratio Decidendi

Having considered the residence and health of the first respondent, the residence of the likely witnesses, the New South Wales location of the land and mortgage registrations, the relative expense to the parties, the place where the cause of action arose, the convenience of the Court and the interests of justice, the Court held that the proceeding could be conducted or continued most suitably in the New South Wales District Registry.

Court Disposition

Application granted; proceedings transferred from the South Australia District Registry to the New South Wales District Registry of the Court.

Orders

  • ['Under s 48 of the Federal Court of Australia Act 1976 (Cth) these proceedings be transferred from the South Australia District Registry to the New South Wales District Registry of the Court.' 'Costs of today, including the costs of the motion, should be costs in the cause.']