Facton Ltd v Redac International Pty Ltd

[2014] FCA 586

FEDERAL COURT OF AUSTRALIA

Facton Ltd v Redac International Pty Ltd [2014] FCA 586

Citation:	Facton Ltd v Redac International Pty Ltd [2014] FCA 586
Parties:	FACTON LIMITED, G-STAR RAW C.V and G-STAR AUSTRALIA PTY LTD (ACN 084 011 852) v REDAC INTERNATIONAL PTY LTD (ACN 139 119 930), MOHAMAD KALEEL ABDULE AKA KALEEL CADER CADER, RAZICDEEN SARIFDEEN and DC FASHION HUB PTY LTD (ACN 161 678 244)
File number:	VID 763 of 2013
Judge:	NORTH J
Date of judgment:	26 May 2014
Date of hearing:	26 May 2014
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchword
Number of paragraphs:	6
Counsel for the Applicants:	Mr E Heerey
Solicitor for the Applicants:	K & L Gates
Counsel for the Respondents:	The respondents appeared in person

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 763 of 2013

BETWEEN:

FACTON LIMITED
First Applicant

G-STAR RAW C.V
Second Applicant

G-STAR AUSTRALIA PTY LTD (ACN 084 011 852)
Third Applicant

AND:

REDAC INTERNATIONAL PTY LTD (ACN 139 119 930)
First Respondent

MOHAMAD KALEEL ABDULE AKA KALEEL CADER CADER
Second Respondent

RAZICDEEN SARIFDEEN
Third Respondent

DC FASHION HUB PTY LTD (ACN 161 678 244)
Fourth Respondent

JUDGE:	NORTH J
DATE OF ORDER:	26 MAY 2014
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to s 32AB of the Federal Court of Australia Act 1976 (Cth) and r 27.11 of the Federal Court Rules 2011 (Cth), this proceeding be transferred to the Melbourne Registry of the Federal Circuit Court of Australia.

2.Costs reserved.  

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 763 of 2013

BETWEEN:

FACTON LIMITED
First Applicant

G-STAR RAW C.V
Second Applicant

G-STAR AUSTRALIA PTY LTD (ACN 084 011 852)
Third Applicant

AND:

REDAC INTERNATIONAL PTY LTD (ACN 139 119 930)
First Respondent

MOHAMAD KALEEL ABDULE AKA KALEEL CADER CADER
Second Respondent

RAZICDEEN SARIFDEEN
Third Respondent

DC FASHION HUB PTY LTD (ACN 161 678 244)
Fourth Respondent

JUDGE:	NORTH J
DATE:	26 MAY 2014
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicants have applied pursuant to section 32AB of the Federal Court of Australia Act 1976 (Cth) and rule 27.11 of the Federal Court Rules 2011 (Cth) for this proceeding to be transferred to the Melbourne Registry of the Federal Circuit Court of Australia. The proceeding is well advanced in preparation for trial.

2. In view of the fact that the respondents have already filed affidavits in response to the Anton Pillar orders made by the Court, it is practical for the Court to refrain from requiring them to file any further affidavits. 

3. The applicants have filed affidavits which seek to establish the elements of their case in accordance with the directions of the Court.  They do not oppose an order which would not provide for further affidavits from the respondents in the interests of the expedition of the trial.

4. The second and third respondents appeared at the directions hearing in person. They also appeared with leave on behalf of the corporate respondents. They have indicated to the Court that there are no documents on which they will seek to rely at the hearing, or which concern the sale of G-Star products from shop 38, Village Shopping Centre, Bacchus Marsh and shop 16, 100 Furling Road, Cairnlea Town Centre, Cairnlea, both in the State of Victoria, apart from the documents already in the hands of the applicants. Consequently, no orders for discovery are required.

5. In support of the argument that the matter be transferred to the Federal Circuit Court, Mr Heerey, who appeared on behalf of the applicants, explained that the case is likely to take three days or less so far as can presently be estimated, and that the likely outcome if the applicants are successful will be orders not exceeding $150,000 plus costs.  Enquiries made from the coordinating judge of the Federal Circuit Court indicate that the case will be heard sooner in that Court than in this Court.

6. In these circumstances, the proceedings are transferred to the Federal Circuit Court.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:       4 June 2014