Morton, Jeffrey v Grace Removals Group

[1996] FCA 53

IN THE FEDERAL COURT OF AUSTRALIA )No. QG 15 of 1996
QUEENSLAND DISTRICT REGISTRY     )
GENERAL DIVISION                 )

BETWEEN:  JEFFREY R. MORTON

First Applicant

AND:     GRACE REMOVALS GROUP

First Respondent

AND:GRACE INTERNATIONAL REMOVALS

Second Respondent

AND:BRAMBLES AUSTRALIA LTD.

(ACN 000 164 938)

Third Respondent

AND:MOVEMENTS INTERNATIONAL MOVERS (N.Z.) LTD.

Fourth Respondent

MINUTES OF ORDERS

JUDGE MAKING ORDER:         Drummond J
DATE OF ORDER:              9 February, 1996
WHERE MADE:                 Brisbane

UPON the following undertakings:

1. An undertaking by the first respondent by its counsel not to sell Mr. Morton's property, the subject of Mr. Morton's claim, for a period of nine months;

1. An undertaking by Mr. Morton to continue to pay to the first respondent the sum of $50 per month he is presently paying in respect of storage charges which have accrued to the first respondent and ignoring the set‑off that Mr. Morton claims;

1. An undertaking by Mr. Morton acknowledging that the first respondent will continue to charge to his account the sum of approximately $29 a month for the storage of his property from now until the dispute is resolved;

THE COURT ORDERS THAT proceedings number QG 15 of 1996 be transferred to the Magistrates Court at Brisbane.

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

IN THE FEDERAL COURT OF AUSTRALIA )    No. QG 15 of 1996
QUEENSLAND DISTRICT REGISTRY     )
GENERAL DIVISION                 )

BETWEEN:  JEFFREY R. MORTON

First Applicant

AND:     GRACE REMOVALS GROUP

First Respondent

AND:GRACE INTERNATIONAL REMOVALS

Second Respondent

AND:BRAMBLES AUSTRALIA LTD.

(ACN 000 164 938)

Third Respondent

AND:MOVEMENTS INTERNATIONAL MOVERS (N.Z.) LTD.

Fourth Respondent

Coram:    Drummond J
Date:     9 February, 1996
Place:    Brisbane

REASONS FOR JUDGMENT

Mr. Morton claims a total of what he says is about $17,000 from the respondents.  The claims are made, as I understand them, for damages on causes of action against the respondents, which are said to have been assigned to Mr. Morton by Ms. Wright.  Ms. Wright apparently claims to have causes of action sounding in damages against those respondents for breach of duty with respect to the carriage of her property from Brisbane to New Zealand and then from New Zealand back to Brisbane.  Mr. Morton claims the right to, as
I understand it again, set these damages recoverable from the second respondent off against moneys due by him to the second respondent in respect of the storage by it of his goods.  He also claims an order for delivery up of his property.

All his claims are founded on breaches of ss. 52 and 53 the Trade Practices Act 1974 (Cth).  The Magistrates Court of Queensland has jurisdiction to deal with a claim of damages of that order.  In view of s. 4 the Magistrates Court Act 1921 (Qld), it also has jurisdiction to grant orders for the delivery up of property as sought.  Mr. Morton claims, in paragraph 7 of his application, an order in relation to the correction of records which I do not think this Court or the Magistrates Court has power to grant.  But, as I understand his application, the Magistrates Court has the same power that this Court has to grant all the other relief that he seeks.

Under Rule 48 the Magistrates Court Rules, there is a wide power to effect service of the process of that Court outside Australia.  So far as it appears to me, it is relevantly no narrower than the power of this Court to effect service of its process outside Australia.

The case, therefore, seems to me to be one appropriate to transfer to the Magistrates Court, having regard to the difference in legal costs that the various parties will incur litigating in that Court rather than in this Court.  I will therefore order that proceedings number QG 15 of 1996 be transferred to the Magistrates Court at Brisbane upon the following undertakings:

(1)An undertaking by the first respondent by its counsel not to sell Mr. Morton's property, the subject of Mr. Morton's claim, for a period of nine months.

(2)An undertaking by Mr. Morton to continue to pay to the first respondent the sum of $50 per month he is presently paying in respect of storage charges which have accrued to the first respondent and ignoring the set‑off that Mr. Morton claims. 

(3)An undertaking by Mr. Morton acknowledging that the first respondent will continue to charge to his account the sum of approximately $29 a month for the storage of his property from now until the dispute is resolved.

I certify that this and the preceding
two pages are a true copy of the
reasons for judgment herein of the
Honourable Justice Drummond.

Associate:

Date:        9 February, 1996