Oz Finance Pty Ltd v R.S. Melloy Pty Ltd & Anor [1995] FCA 92

Oz Finance Pty Ltd v R.S. Melloy Pty Ltd & Anor [1995] FCA 92

The convenience of the parties and witnesses and the geographical connection of the property support transferring proceedings to the Queensland District Registry, and there is no substantive reason for the matter to remain in New South Wales.

Parties
Applicant: OZ Finance Pty Limited; First Respondent: R.S. Melloy Pty Limited; Second Respondent: Another (Second Respondent)
Jurisdiction
Australia
Judgment Date
03 March 1995
Procedural Posture
Notice of Motion (transfer of Proceedings) / Interlocutory (application for Transfer of Venue)
Outcome
Directions made for transfer of proceedings to Queensland District Registry; timetable for procedural steps set.
Legal Topics
Transfer of Proceedings, Venue, Case Management
Civil Procedure Transfer of Proceedings Venue Case Management

Case Brief

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Parties

OZ Finance Pty Limited

Applicant

R.S. Melloy Pty Limited

First Respondent

Another (Second Respondent)

Second Respondent

Procedural Posture

Notice of Motion (transfer of Proceedings) / Interlocutory (application for Transfer of Venue)

Legal Issues

  1. 1 Whether proceedings should be transferred from the New South Wales District Registry to the Queensland District Registry

Ratio Decidendi

The convenience of the parties and witnesses and the geographical connection of the property support transferring proceedings to the Queensland District Registry, and there is no substantive reason for the matter to remain in New South Wales.

Court Disposition

Directions made for transfer of proceedings to Queensland District Registry; timetable for procedural steps set.

Orders

  • Proceedings continued in the Queensland District Registry.
  • Respondents to deliver any request for further particulars by 10 March 1995.