Qantas Airways Limited [2004] ACompT 3

Qantas Airways Limited [2004] ACompT 3

Sydney was the proper venue for opening submissions, evidence and cross-examination because most parties, solicitors, counsel and lay witnesses conducted business in or resided in Sydney, a Melbourne hearing could affect the efficient, continuous and expeditious taking of evidence and cross-examination, and relocation to Melbourne would impose substantial cost and inconvenience. The Tribunal reserved the venue for final submissions because Tribunal convenience and related costs had not been addressed.

Jurisdiction
Australia
Judgment Date
05 April 2004
Procedural Posture
Application for Review of a Determination of the Australian Competition and Consumer Commission Denying Authorisation / Decision on the Venue for the Hearing After Directions Hearing and Written Submissions
Outcome
Opening submissions, evidence and cross-examination are to be heard in Sydney; the venue for final submissions is reserved.
Legal Topics
['venue of Hearing' 'review of ACCC Authorisation Determination' 'cost and Convenience of Parties, Representatives and Witnesses']
['competition and Consumer Law' 'practice and Procedure'] ['venue of Hearing' 'review of ACCC Authorisation Determination' 'cost and Convenience of Parties, Representatives and Witnesses']

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Procedural Posture

Application for Review of a Determination of the Australian Competition and Consumer Commission Denying Authorisation / Decision on the Venue for the Hearing After Directions Hearing and Written Submissions

Legal Issues

  1. 1 ['Whether the hearing should take place in Sydney or Melbourne.' 'Whether the Tribunal should reserve its position on the venue for final submissions.']

Ratio Decidendi

Sydney was the proper venue for opening submissions, evidence and cross-examination because most parties, solicitors, counsel and lay witnesses conducted business in or resided in Sydney, a Melbourne hearing could affect the efficient, continuous and expeditious taking of evidence and cross-examination, and relocation to Melbourne would impose substantial cost and inconvenience. The Tribunal reserved the venue for final submissions because Tribunal convenience and related costs had not been addressed.

Court Disposition

Opening submissions, evidence and cross-examination are to be heard in Sydney; the venue for final submissions is reserved.

Orders

  • ['The hearing of opening submissions and evidence and the cross-examination of lay and expert witnesses in this proceeding is to take place at the Law Courts Building, Queens Square, Sydney.' 'The Tribunal reserves its position in relation to the venue for the hearing of final submissions.']