Federal Airports Corporation v Montchel Pty Limited

In the High Court of Australia, the Federal Airports Corporation (defendant) and Montchel Pty Limited (plaintiff) were involved in proceedings. The matter before the Court concerned an application for remittal of the action.

The primary legal issue before the High Court was whether to remit the proceedings to the Federal Court of Australia, General Division, Queensland Registry, and to make consequential orders regarding the continuation of the action and costs.

Deane J, in the absence of further submissions from the defendant, ordered that the further proceedings in the action be remitted to the Federal Court of Australia, General Division, Queensland Registry. The action was to proceed in that court as if the steps already taken in the High Court had been taken in the Federal Court. The Registrar of the High Court was directed to forward all filed documents to the proper officer of the Federal Court. Costs incurred up to the date of the order, including those related to the remittal application, were to be costs in the proceedings. Costs up to the date of remittal were to be determined according to the High Court's scale, and thereafter according to the Federal Court's scale, with discretion resting with the Federal Court.