Perrett v Newmont Mining Services Pty Ltd
[2024] FCA 1147
Citation 1
(Para 25)
…In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, the Court held (per Bowen CJ, Woodward and Lockhart JJ) at 162 that while the balance of convenience is an important factor in determining a transfer application, its “weight must vary from case to case”. The real question is to establish where the case can be conducted bearing in mi…
Archbishop Makarios Griniezakis v Morelas
[2024] FCA 100
Citation 2
(Para 7)
…principles applicable to an application for a transfer were expressed by the Full Court in National Mutual Holdings Pty Ltd v The Sentry Corporation [1988] FCA 396; (1988) 19 FCR 155 ( Sentry ) at 162: The balance of convenience is important, but its weight must vary from case to case. Ultimately the test is: wh…
Fair Work Ombudsman v Jenni International Pty Ltd
[2023] FedCFamC2G 1138
Citation 3
(Para 6)
…In applying r 8.01(2), the Court has typically followed the approach in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, at [162] ( Sentry ) as follows: Where the case can be conducted or continued most suitably, bearing in mind the interests of all the parties, the ends of justice in the determination of the issues between them, and…
Moss v Contracoin Pty Ltd
[2023] FCA 125
Citation 4
(Para 18)
…The relevant principles concerning the transfer of a proceeding were authoritatively stated by the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162: …There is no onus of proof in the strict sense to be discharged by the party seeking to conduct or continue the proceedings elsewhere… The balance of convenience is im…
Chandrasekaran v Commonwealth of Australia
[2021] FCA 481
Citation 5
(Para 6)
…ecision sought to be challenged is not attendant with sufficient doubt and where the refusal of leave would not work any substantial injustice: e.g., National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 161 per Bowen J, Woodward and Lockhart JJ; Brilliant Digital Entertainment Pty Ltd v Universal Music Australia Pty Ltd [2004] FCAFC 270…
Kember v Carl & Anor
[2020] QSC 105
Citation 6
…h requirement for defendant’s signature on request for trial date Uniform Civil Procedure Rules 1999 (Qld), r 39, r 469 National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 19 FCR 115, considered Clark v Ernest Henry Mining Pty Ltd [2019] 3 Qd R 136; [2018] QSC 253, followed Manasse v Shine Lawyers Pty Ltd [2019] QSC 123, cited COUNSEL: S J Deaves fo…
Nyoni v Morgan (No 2)
[2020] FCA 568
Citation 7
(Para 21)
…e they were filed, unless there is a 'manifest preponderance of convenience' to trying the proceedings in the place where they were commenced, citing National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155; (e)the proceedings were not commenced in New South Wales capriciously but because there was no judge available in Western Australia who c…
Syed v Minister for Home Affairs
[2019] FCA 498
Citation 8
(Para 20)
…sions: Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148 CLR 170 at 177 per Gibbs CJ, Aickin, Wilson and Brennan JJ; National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 161 per Bowen CJ, Woodward and Lockhart JJ; Bufalo v Official Trustee in Bankruptcy [2011] FCAFC 111 at [35] per Mansfield, Besanko and Flick J…
Crawford v MAS Australasia Pty Ltd
[2018] FCCA 850
Citation 9
(Para 4)
…ral Circuit Court Rules, “the Court has traditionally taken into account the matters that were dealt with by the Full Court of the Federal Court in National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 83 ALR 434” ( Sentry Corporation ).[4] The test from Sentry Corporation is “where can the case be conducted or continued most suitably, bearing in mind…
Akiba on behalf of the Torres Strait Regional Sea Claim v State of Queensland
[2017] FCA 1336
Citation 10
(Para 19)
…The extract from the Full Court’s decision in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162, upon which the TSRA relies, supports this view. In that passage, the Full Court speaks of where a case can be “conducted”: that is, the whole of the case, through to trial and determination.…
TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronic Pty Ltd, in the matter of TCL Airconditioner (Zhongshan) Co Ltd
[2017] FCA 1015
Citation 11
(Para 6)
…st be satisfied, taking account of relevant factors, that there is sound reason to direct that the proceeding be conducted or continued elsewhere. In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 Bowen CJ, Woodward and Lockhart JJ) said (at 162): The balance of convenience is important, but its weight must vary from case to case. Ul…
Australasian Jet Pty Ltd v Air Affairs (Australia) Pty Ltd
[2017] FCA 452
Citation 12
(Para 7)
…There is no dispute between the parties about the principles applicable to an application to transfer a proceeding to another place. In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 a Full Court of this Court (Bowen CJ, Woodward and Lockhart JJ) said the following about the test to be applied at 161-162: The questions raised in this…
MAYNE & WILKES
[2016] FCCA 2845
Citation 13
…t [35] MRR & GR [2010] HCA 4 at [15] Goode & Goode (2007) 36 Fam LR 422, (2006) FLC 93-286 Keats & Keats [2016] FamCAFC (delivered on 16 August 2016) National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 15 FCR 155 SS v AH [2010] FamCAFC 13…
Fraser v Health Care Corporation Pty Ltd
[2016] NSWDC 39
Citation 14
(Para 13)
…gnificant cause to do so (see for example, Lehtonen v Australian Iron & Steel Pty Ltd [1963] NSWR 323), this test has long since been discarded. In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 83 ALR 434, the traditional reluctance to change venue was modified to take into account the determination of where the case can be conducted (or conti…
Lu v Ao-Zhong International Mineral Resources Pty Ltd (No.2)
[2015] FCCA 2453
Citation 15
(Para 5)
…Judge available to hear a fair work matter in the Darwin Registry; c)the relevant test was that set out by the Full Court of the Federal Court in National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 19 FCR 155 (“ Sentry Corporation ”), together with other factors outlined by this Court in Picos v HealthEngine Pty Ltd & Anor [2014] FCCA 640 at [78] pe…
Picos v HealthEngine Pty Ltd & Anor
[2014] FCCA 640
Citation 16
(Para 1)
…In National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 19 FCR 155 (“ Sentry Corporation ”) the Full Court of the Federal Court dealt with an application that a proceeding commenced in Melbourne should be tried in Sydney as that was the “proper place” of the proceedings. In determining whether there was a sound reason to direct that the proceeding be…
Novo Tank Pty Ltd (In Liquidation) v Formaction Concrete Civils Pty Ltd (No 1)
[2014] FCA 260
Citation 17
(Para 17)
…ined in very many authorities, all of which have emphasised the open-ended and unfettered nature of the discretion. In the Full Court’s decision in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, a Full Court, comprising Bowen CJ and Woodward and Lockhart JJ, said the following at 162 of the discretion involved: ‘The power conferred…
Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd
[2012] FCA 1383
Citation 18
(Para 7)
…d discretion. A respondent must show a sound reason for a change of venue. The relevant principles were considered by the Full Court of this Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 (“ National Mutual Holdings ”). The Court said (at 162): The balance of convenience is important, but its weight must vary from case to ca…
SZRBN v Minister for immigration & Citizenship
[2012] FCA 984
Citation 19
(Para 14)
…dam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170 at 177 per Gibbs CJ, Aickin, Wilson and Brennan JJ; National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 161 per Bowen CJ, Woodward and Lockhart J, Bufalo v Official Trustee in Bankruptcy [2011] FCAFC 111 at [35] per Mansfield, Besanko and Flic…
Essential Beauty Franchising Pty Ltd v Essential Beauty (Qld) Pty Ltd
[2012] FCA 12
Citation 20
(Para 2)
…There is no dispute as to the relevant principles applicable to the application. They were definitively expressed in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162. The Full Court said: There is no onus of proof in the strict sense to be discharged by the party seeking to conduct or continue the proceedings elsewhere. […] The…
Bufalo v Official Trustee in Bankruptcy
[2011] FCAFC 111
Citation 21
(Para 16)
…en discretionary decisions which were merely matters of practice and procedure and those discretionary decisions which determined substantive rights: National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155. The Full Court there reaffirmed the principles governing the circumstances in which appellate courts would interfere in the exercise of t…
Hoop and Javelin Holdings Limited v BT Projects Pty Limited (In Liq)
[2009] FCA 1123
Citation 22
(Para 10)
…In National Mutual Holdings Pty Limited v Sentry Corporation (1988) 19 FCR 155, a Full Court of this Court held that the power conferred on the Court or a judge by s 48 was unfettered and should be exercised flexibly having regard to the circumstances of the particular case. The Court went on to say (19 FCR at 162): Ultimately the test is: where can the case be…
Labelmakers Pty Ltd v LL Force Pty Ltd
[2009] FCA 956
Citation 23
(Para 8)
…These provisions were considered by a Full Court in National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 18 FCR 155. The Court said (at 161-162) that: “The Federal Court is a Court of wide jurisdiction throughout Australia whose judges may sit, whether as Full Courts or single judges, at any place in Australia. The Court has registries in each of the…
First National Group of Independent Real Estate Agents Ltd v Elyod Investments Pty Ltd
[2008] FCA 1260
Citation 24
(Para 5)
…such conditions (if any) as the Court or Judge imposes. How that power should be exercised in a particular case was referred to by the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, 162, as follows: The balance of convenience is important, but its weight must vary from case to case. Ultimately the test is: where can t…
Consolidated Byrnes Holdings Limited v Hardel Investments Pty Limited
[2008] FCA 873
Citation 25
(Para 5)
…d in the authorities, and the submissions have collected a number of those authorities. Principal among them, of course, is that of the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155. In these matters it is fair to say that the statement of the test is not difficult. Rather, it is the application of the test in view of…
Worchild v Young
[2007] FCA 2047
Citation 26
(Para 5)
…nciples to be applied when considering whether or not proceedings should be transferred have been summarised by Bowen CJ, Woodward and Lockhart JJ in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155. In particular, their Honours stated: The balance of convenience is important, but its weight must vary from case to case. Ultimately the…
Baxendale's Vineyard Pty Ltd v Geographical Indications Committee
[2007] FCA 22
Citation 27
(Para 24)
…Victoria and the respective convenience of the parties. Their submissions therefore in fact centred upon the sort of considerations discussed in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 and subsequent decisions concerning s 48 of the FCA Act and O 10 r 1(2)(f).…
Vasta v Tuni Engineering Pty Ltd
[2006] FCA 1780
Citation 28
(Para 3)
…In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 the Full Court noted at 162 that the power conferred on the Court by s 48 of the Federal Court of Australia Act to direct that a proceeding or part of a proceeding be conducted or continued in a place specified in the order is in wholly unfettered terms. Their Honours observed that th…
JLV Industries Pty Ltd v MacDonald
[2006] FCA 721
Citation 29
(Para 2)
…e approach which the Court should take to the issue of transfer is set out in the reasoning of the Full Court (Bowen CJ, Woodward and Lockhart JJ) in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 83 ALR 434 at 442 where it was stated: ‘Ultimately the test is: where can the case be conducted or continued most suitably, bearing in mind the inter…
Intercoal Limited v Tarong Energy Corporation Limited
[2006] FCA 85
Citation 30
(Para 11)
…lso common ground that the approach of the Court should be that sanctioned by the reasoning of the Full Court (Bowen CJ, Woodward and Lockhart JJ) in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 83 ALR 434 at 442 where the Court said: ‘The balance of convenience is important, but its weight must vary from case to case. Ultimately the test is:…
Gance v Ellis
[2005] FCA 833
Citation 31
(Para 2)
…The factors to be considered are discussed by the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162. After discussing the relevant factors their Honours concluded: “The balance of convenience is important, but its weight must vary from case to case. Ultimately the test is: where can the case be conducted or continue…
Meatpak Pty Ltd trading as Holco Fine Meat Supplies v Moran
[2005] FCA 89
Citation 32
(Para 5)
…sts of all the parties, the ends of justice in the determination of the matter between them, and the most efficient administration of the Court”: National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162.…
Todber Pty Ltd v Glendale RV Syndication Pty Ltd
[2004] FCA 1328
Citation 33
(Para 13)
…)(f) of the Federal Court Rules if it is more convenient, efficient and appropriate for the proceedings to be managed and heard in that Registry: see National Mutual Holdings Pty Ltd v Sentry Corporation & Anor (1988) 19 FCR 155 at 162-163 and see Cycles & Wheelman Pty Ltd v Beltech Corporation Ltd (1988) 80 ALR 279 at 281. Indeed, because it is a national court a…
Moltoni Corporation Pty Ltd v Adelaide Brighton Cement Limited
[2004] FCA 482
Citation 34
(Para 4)
…the trial of the matter as well as the appropriate place to manage the matter for the most efficient administration of the case prior to trial. (See: National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162).…
Aquila Resources Ltd v Pasminco Ltd
[2004] FCA 39
Citation 35
(Para 2)
…Applicable principles to invoke the Court’s power under that section are common ground. They were expressed in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 by a Full Court constituted by Bowen CJ, Woodward and Lockhart JJ. There the Court recognised (at 162) that the power conferred by the above section is in terms wholly unfettere…
Lisa Joy Pty Ltd ACN 063 934 289 v Brothers Neilsen International Pty Ltd ACN 063 545 200
[2003] FCA 1634
Citation 36
(Para 8)
…The appropriate test to be applied on this application was set out by a Full Court of this Court as follows in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162: ‘…where can the case be conducted or continued most suitably bearing in mind the interests of all the parties, the ends of justice in the determination of the issues bet…
Fugro Holdings Pty Ltd ACN 003 010 099 v Tomlinson
[2003] FCA 1633
Citation 37
(Para 4)
…nt circumstances and to the need for efficient use of the Court’s resources. The relevant principle was stated by a Full Court of this Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162 as follows: ‘...where can the case be conducted or continued most suitably bearing in mind the interests of all the parties, the ends of…
ESCO Corporation v Wundowie Foundry Pty Ltd
[2003] FCA 587
Citation 38
(Para 2)
…sts of all the parties, the ends of justice in the determination of the issues between them, and the most efficient administration of the Court?’ National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162…
Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd
[2003] FCA 430
Citation 39
(Para 18)
…The relevant tests to be considered are set out in the decision of the Full Court of this Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155. At 162 Bowen CJ, Woodward and Lockhart JJ said: “The Court must, however, be satisfied, after considering all relevant matters, that there is sound reason to direct that the proceeding be…
Profinance Limited v Captain B Copland and Associates Pty Ltd
[2003] FCA 349
Citation 40
(Para 2)
…interlocutory steps have already taken place in Melbourne. Nevertheless, I am bound to have regard to the injunction of a Full Court of this Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, that a matter to be taken into account on applications of this kind is the efficient administration of the Court.…
Build-A-Bear Workshop Inc v The Bear Kid's Workshop Pty Ltd
[2002] FCA 1192
Citation 41
(Para 12)
…The principles by reference to which I should decide the question were set forth by the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, especially at 161-62.…
Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd
[2002] FCA 1239
Citation 42
(Para 15)
…lace to which the proceeding is transferred;” The leading authority governing the discretion to transfer is the judgment of the Full Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, and at page 162 it is said inter alia: “The Court must, however, be satisfied, after considering all relevant matters, that there is sound reason…
Wyllie Group Pty Ltd v ANZ Securities Ltd
[2000] FCA 1382
Citation 43
(Para 9)
…The approach which a court should take when deciding a motion of this type was explained by a Full Court of this Court in National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 at 162 in the following terms: “The balance of convenience is important, but its weight must vary from case to case. Ultimately the test is: where can the case be con…
Eastley, Craig v Pickands Mather & Co International T/as Savage River Mines
[1998] TASSC 33
Citation 44
…se costs. Authority for that proposition is Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated & Anor (1981) 148 CLR 170 and National Mutual Holdings Pty Ltd & Ors v Sentry Corporation & Anor (1988) 83 ALR 434. For the appellant, Mr McKenzie submitted that the proper exercise of the discretion required a determination of both claims at the same t…
British American Tobacco Australasia Limited v Taleb (No 2)
[2013] FCA 34
Citation 45
(Para 14)
…The principles applicable to an application for transfer are well established. In National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, the Full Court stated (at 162, emphasis added): The power conferred on the court or a judge by s 48 is in terms wholly unfettered. It should be exercised flexibly having regard to the circumstances of the…
Australian Competition and Consumer Commission v Internic Technology Pty Ltd & Anor
[1998] FCA 818
Citation 46
…National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155 applied…
Australian Co-operative Foods Ltd & Anor v National Foods Milk Ltd
[1998] FCA 376
Citation 47
…neering Pty Ltd v PMC Engineering Pty Ltd , 2 October 1980 (David Hunt J) CL 11418/80, Ritchie’s Supreme Court Practice, Vol 2 [13021], referred to National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, applied Squires v Stephenson (1981) 53 FLR 164 at 177, referred to PJE Pty Ltd v Dame Pty Ltd , unreported, FCA/North J, 13 June 1997, refe…
Leung P. v Bank of Melbourne Ltd
[1995] FCA 653
Citation 48
…much a matter for the discretion of the Judge hearing the application. Proper principle to be applied in exercising this discretion were discussed in National Mutual Holdings Pty Ltd & Ors v Sentry Corporation (1988) 19 FCR 155 at 162. The Court indicated that the starting point of the exercise of discretion is that the proceedings have been commenced at a particu…
Newcrest Mining (W.A.) Ltd v The Commonwealth of Australia
[1992] FCA 840
Citation 49
…National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, applied.…
Donkin, C.J. and Anor v AGC (Advances) Ltd
[1990] FCA 413
Citation 50
…Interlocutory orders have sometimes a purely procedural effect - for example, a grant or refusal of an order for particulars of a pleading. Other interlocutory applications, of which the present is an example, are of a different kind, being likely to affect substantive rights. In Eltran Pty Ltd v. W…