Doherty, Frances Joseph v Shoalhaven Ex-Servicemen's Club Ltd

[1995] FCA 950

IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY )   No. NG 602 of 1995
GENERAL DIVISION                )

Between:     FRANCES JOSEPH DOHERTY
  Applicant

And:     SHOALHAVEN EX-SERVICEMEN'S
  CLUB LIMITED
  Respondent

EX TEMPORE JUDGMENT

EINFELD J                 SYDNEY          14 NOVEMBER 1995

I make an order in accordance with paragraph 3 of the respondent's amended notice of motion that the proceedings be transferred to the District Court.  The case has a simple factual base.  The applicant's claim is quantified at just a little over $50,000 and the legislature has decided that cases of this kind should, in principle, not be heard in the Federal Court despite the federal element.  I accept the argument of counsel for the applicant that the Trade Practices part of this claim is an important aspect of the claim, but as far as I can see, precisely the same issues will arise in the contract claims that have been pleaded and it will not be necessary for any court to deal with both heads, or all three heads of liability relied upon, because any one of them would, if sustained, provide the applicant with the relief that he seeks.  I think in the circumstances that costs should be costs in the cause.