Kerr v American Express Australia Limited [2009] FCA 379

Kerr v American Express Australia Limited [2009] FCA 379

Given that Ms Kerr and her husband reside and conduct business in Brisbane, all goods were supplied there, and there would be no inconvenience to the respondent or trustee, but significant inconvenience to Ms Kerr if proceedings remained in Sydney, the appropriate course is to transfer the venue to the Queensland registry.

Jurisdiction
Australia
Judgment Date
06 March 2009
Procedural Posture
Appeal / Venue Transfer Application Pending Appeal of Sequestration Order From Federal Magistrates Court
Outcome
Application for transfer of venue granted.
Legal Topics
['sequestration Order' 'venue Transfer' 'bankruptcy Notice' 'adjournment of Bankruptcy Proceedings' 'admissibility of Further Evidence']
['bankruptcy'] ['sequestration Order' 'venue Transfer' 'bankruptcy Notice' 'adjournment of Bankruptcy Proceedings' 'admissibility of Further Evidence']

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Procedural Posture

Appeal / Venue Transfer Application Pending Appeal of Sequestration Order From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the venue of the appeal should be transferred from New South Wales Registry to Queensland Registry' 'Whether the Federal Magistrates Court erred in finding appellant committed an act of bankruptcy' 'Whether there was error in refusing adjournment pending civil claim in Queensland' 'Whether there was error in refusing further evidence after hearing']

Ratio Decidendi

Given that Ms Kerr and her husband reside and conduct business in Brisbane, all goods were supplied there, and there would be no inconvenience to the respondent or trustee, but significant inconvenience to Ms Kerr if proceedings remained in Sydney, the appropriate course is to transfer the venue to the Queensland registry.

Court Disposition

Application for transfer of venue granted.

Orders

  • ['Proceeding be transferred to the Queensland Registry of the Federal Court of Australia.' 'Applicant to approach Queensland District Registry for directions to fix a date for hearing of the appeal.' 'No order as to costs.']