Crandell v Servier Laboratories (Aust) Pty Ltd [1999] FCA 1461

Crandell v Servier Laboratories (Aust) Pty Ltd [1999] FCA 1461

Because s 86A(1) of the Trade Practices Act 1974 (Cth), read with s 75AS, empowered the Federal Court to transfer the matters for determination in the proceedings, and because the Supreme Court of New South Wales could determine those matters and it was in the interests of justice to do so, the matters should be transferred to the Supreme Court. To avoid possible difficulties associated with representative proceedings identified in Poignand, the transfer was directed to take effect on 10 December 1999, when the order that the proceedings no longer continue as representative proceedings would take effect.

Jurisdiction
Australia
Judgment Date
25 October 1999
Procedural Posture
Civil Proceeding Seeking Damages and Compensation Under the Trade Practices Act 1974 (cth), Common Law Negligence and Breach of Contract, and Equivalent Fair Trading Acts; Commenced as Representative Proceedings Under Part IVA of the Federal Court of Australia Act 1976 (cth). / Application by Consent for Transfer From the Federal Court to the Supreme Court of New South Wales After an Order Under S 33 N(1) That the Proceedings No Longer Continue as Representative Proceedings.
Outcome
The matters for determination in Federal Court proceedings NG 1411 of 1998 were transferred to the Supreme Court of New South Wales, with the transfer to take effect on 10 December 1999.
Legal Topics
['transfer of Proceedings' 'jurisdiction of Courts (cross Vesting) Act 1987 (cth) S 5(4)' 'trade Practices Act 1974 (cth) S 86 A' 'part IVA Representative Proceedings' 'interests of Justice' 'federal Jurisdiction and State Courts']
['practice and Procedure' 'trade Practices' 'representative Proceedings' 'cross Vesting' 'jurisdiction'] ['transfer of Proceedings' 'jurisdiction of Courts (cross Vesting) Act 1987 (cth) S 5(4)' 'trade Practices Act 1974 (cth) S 86 A' 'part IVA Representative Proceedings' 'interests of Justice' 'federal Jurisdiction and State Courts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Proceeding Seeking Damages and Compensation Under the Trade Practices Act 1974 (cth), Common Law Negligence and Breach of Contract, and Equivalent Fair Trading Acts; Commenced as Representative Proceedings Under Part IVA of the Federal Court of Australia Act 1976 (cth). / Application by Consent for Transfer From the Federal Court to the Supreme Court of New South Wales After an Order Under S 33 N(1) That the Proceedings No Longer Continue as Representative Proceedings.

Legal Issues

  1. 1 ['Whether, after Re Wakim; Ex parte McNally, the Federal Court had power under s 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) to transfer the proceedings to the Supreme Court of New South Wales.' 'Whether s 86A of the Trade Practices Act 1974 (Cth), read with s 75AS, provided power to transfer the matters for determination in the proceedings to the Supreme Court of New South Wales.' 'Whether the requirements of s 86A(2) were satisfied, including whether the Supreme Court had power to grant the remedies sought and whether transfer was in the interests of justice.' 'Whether the transfer order should take effect only after the order that the proceedings no longer continue as representative proceedings took effect.']

Ratio Decidendi

Because s 86A(1) of the Trade Practices Act 1974 (Cth), read with s 75AS, empowered the Federal Court to transfer the matters for determination in the proceedings, and because the Supreme Court of New South Wales could determine those matters and it was in the interests of justice to do so, the matters should be transferred to the Supreme Court. To avoid possible difficulties associated with representative proceedings identified in Poignand, the transfer was directed to take effect on 10 December 1999, when the order that the proceedings no longer continue as representative proceedings would take effect.

Court Disposition

The matters for determination in Federal Court proceedings NG 1411 of 1998 were transferred to the Supreme Court of New South Wales, with the transfer to take effect on 10 December 1999.

Orders

  • ['Pursuant to s 86A(1) of the Trade Practices Act 1974 (Cth), the matters for determination in Federal Court proceedings NG 1411 of 1998 be transferred to the Supreme Court of New South Wales.' 'Order 1 take effect on 10 December 1999.']