FEDERAL COURT OF AUSTRALIA

Eastley v Mauger [2000] FCA 266

DANIEL CLIFFORD EASTLEY & ORS v EDWIN MAUGER & ANOR

N 782 of 1999

SACKVILLE  J

2 MARCH 2000

SYDNEY

THE COURT ORDERS THAT:

1.         Pursuant to s 86A of the Trade Practices Act 1974 (Cth) (“TP Act”) which is attracted to this case by virtue of s 75AS of the TP Act, these proceedings be transferred to the District Court of New South Wales.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     I propose to make an order pursuant to s 86A of the Trade Practices Act 1974 (Cth) (“TP Act”) which is attracted to this case by virtue of s 75AS of the TP Act, transferring these proceedings to the District Court of New South Wales.

2                     The applicant’s case as pleaded includes a claim under Part VA of the TP Act.  However, my impression is that that claim is subsidiary to the claim founded on breach of duty.  The District Court is well suited to determine the claim which, in substance, arises under State law.

3                     I note that there is no question that the District Court of New South Wales has the power to grant the remedies that are sought by the applicant in these proceedings.

4                     There is no opposition to the course that has been proposed.  In my view it is in the interests of justice that the order should be made.

5                     It follows that s 86A(2) of the TP Act is satisfied.   I therefore make an order that the proceedings be transferred to the District Court.

I certify that the preceding five (5)

numbered paragraphs are a true copy

of the Reasons for Judgment herein

of the Honourable Justice Sackville.

Associate:

Dated:              2 March 2000

Counsel for applicant:               Mr C E Moore

Solicitor for applicant:   Peter Long & Co

Counsel for first

respondent:                               Mr R J Colquhoun

Solicitor for first

respondent:                               Robert Johns

Solicitor appearing for   Mr W A D Vorbach

second respondent:                   of Ebsworth & Ebsworth

Solicitor appearing for   Mr A L Edwards

proposed cross-                       of P W Turk & Associates

respondent:

Date of Hearing:           2 March 2000

Date of Judgment:         2 March 2000