Austin Crowe, P. & Anor v. Fourteenth Mandolin Pty Ltd & Anor [1986] FCA 224

Austin Crowe, P. & Anor v. Fourteenth Mandolin Pty Ltd & Anor [1986] FCA 224

The balance of convenience does not justify transferring proceedings to Melbourne; risks to first respondent's business do not outweigh applicants' hardship and their entitlement to proceed in Perth, the venue of the business and parties.

Parties
Applicant: PHILLIP AUSTIN-CROWE; Applicant: MARION VIRGINIA WINIFRED AUSTIN-CROWE; First Respondent: FOURTEENTH MANDOLIN PTY. LTD.; Second Respondent: JOSEF RABAILOV
Jurisdiction
Australia
Judgment Date
06 June 1986
Procedural Posture
Application / Interlocutory Motion to Transfer Proceedings
Outcome
motion dismissed
Legal Topics
Transfer of Proceedings, Balance of Convenience
Civil Procedure Transfer of Proceedings Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

PHILLIP AUSTIN-CROWE

Applicant

MARION VIRGINIA WINIFRED AUSTIN-CROWE

Applicant

FOURTEENTH MANDOLIN PTY. LTD.

First Respondent

JOSEF RABAILOV

Second Respondent

Procedural Posture

Application / Interlocutory Motion to Transfer Proceedings

Legal Issues

  1. 1 Whether proceedings should be transferred from Perth to Melbourne based on balance of convenience

Ratio Decidendi

The balance of convenience does not justify transferring proceedings to Melbourne; risks to first respondent's business do not outweigh applicants' hardship and their entitlement to proceed in Perth, the venue of the business and parties.

Court Disposition

motion dismissed

Orders

  • The motion to transfer the proceedings to Melbourne is dismissed.
  • First respondent to pay the applicants' costs of and incidental to the application in any event.