Moss, G.C. v. Bergood Pty Ltd [1987] FCA 126

Moss, G.C. v. Bergood Pty Ltd [1987] FCA 126

Although proceeding in Perth would inconvenience the respondent, transferring the matter to Sydney would also substantially inconvenience the applicant. On the material, the balance of convenience tended to favour the applicant or was at least equal, and the respondent had not demonstrated the manifest balance of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 1987
Procedural Posture
Application Claiming Damages for Alleged Contraventions of the Trade Practices Act 1974, Fraud and Breach of Contract; Respondent's Motion to Transfer Proceedings / Respondent's Application to Transfer the Proceedings From Perth to the Federal Court of Australia, Sydney Registry
Outcome
Motion dismissed.
Legal Topics
['change of Venue' 'balance of Convenience' 'misleading or Deceptive Conduct' 'brick Making Machine Purchase' 'alleged Fraud' 'alleged Breach of Contract' 'merchantable Quality' 'fitness for Purpose']
['practice and Procedure' 'consumer Law' 'contract Law' 'sale of Goods'] ['change of Venue' 'balance of Convenience' 'misleading or Deceptive Conduct' 'brick Making Machine Purchase' 'alleged Fraud' 'alleged Breach of Contract' 'merchantable Quality' 'fitness for Purpose']

Source-derived case record

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Procedural Posture

Application Claiming Damages for Alleged Contraventions of the Trade Practices Act 1974, Fraud and Breach of Contract; Respondent's Motion to Transfer Proceedings / Respondent's Application to Transfer the Proceedings From Perth to the Federal Court of Australia, Sydney Registry

Legal Issues

  1. 1 ['Whether the proceedings should be transferred from the Western Australian District Registry in Perth to the Sydney Registry.' "Whether the respondent demonstrated a manifest balance of convenience sufficient to justify changing the applicant's chosen forum."]

Ratio Decidendi

Although proceeding in Perth would inconvenience the respondent, transferring the matter to Sydney would also substantially inconvenience the applicant. On the material, the balance of convenience tended to favour the applicant or was at least equal, and the respondent had not demonstrated the manifest balance of convenience required to justify changing the applicant's chosen forum.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed.' "Respondent to pay Applicant's costs of the motion."]