IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

 NG 892 of 1998

 

BETWEEN:

DERMOPRODUCTS PTY LIMITED & ORS

Applicant

 

AND:

INNOVATEC (AUSTRALIAN DIVISION) PTY LIMITED & ORS

Respondent

 

 

JUDGE:

THE HON JUSTICE MARCUS EINFELD AO

DATE:

4 DECEMBER 1998

PLACE:

SYDNEY


REASONS FOR JUDGMENT


In my view, the application to the Supreme Court of Victoria to cross-vest to the Federal Court should be expedited to the maximum possible extent by the parties.  I decline the application to stay the Federal Court proceedings in the New South Wales Registry and the application to transfer the proceedings to the Victorian Registry of the Federal Court, but I leave open the possibility that the case may be transferred to the Victorian Supreme Court depending on the attitude of that court to the application to cross-vest its proceedings to the Federal Court.

 

I do not want to foreshadow what the Supreme Court of Victoria might do or put any pressure on that Court so I will adjourn to 29 January 1999 the question of whether the matter should be cross-vested to the Victorian Supreme Court.

 

 

I certify that this page is a true copy of the Reasons for Judgment herein of the Honourable Justice Marcus Einfeld AO



Associate:


Dated:              4 December 1998



Counsel for the Applicants:

Mr K. G. Odgers



Solicitor for the Applicants:

Sparke Helmore



Counsel for the Respondents:

Mr M. Strang



Solicitor for the Respondents:

Davis & Marks Barristers & Solicitors



Date of Hearing:

4 December 1998



Date of Judgment:

4 December 1998