FEDERAL COURT OF AUSTRALIA
Nyoni v Morgan (No 2) [2020] FCA 568
File number: NSD 1345 of 2019 Judge: BANKS-SMITH J Date of judgment: 30 April 2020 Catchwords: PRACTICE AND PROCEDURE - application to set aside order transferring proceedings to Western Australia District Registry from New South Wales District Registry - application under r 39.05 of the Federal Court Rules 2011 (Cth) - where application raises same grounds as those before transferring judge - where claim has no practical connection with New South Wales - where claim has significant connection with Western Australia - application dismissed Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A, 37M
Federal Court Rules 2011 (Cth) rr 1.31, 39.05
Cases cited: Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd [2002] FCA 1239
National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155
Date of hearing: Determined on the papers Date of last submissions: 10 December 2019 (Applicant) Registry: Western Australia Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 32 Counsel for the Applicant: The Applicant appeared in person Counsel for the First Respondent: The First Respondent filed a submitting notice save as to costs Counsel for the Third Respondent: The Third Respondent filed a submitting notice save as to costs Counsel for the Fourth Respondent: The Fourth Respondent filed a submitting notice save as to costs Counsel for the Fifth Respondent: The Fifth Respondent filed a submitting notice save as to costs Counsel for the Sixth and Seventh Respondents: Ms JM McKenzie Solicitor for the Sixth and Seventh Respondents: Minter Ellison Counsel for the Eighth Respondent: The Eighth Respondent filed a submitting notice Counsel for the Ninth Respondent: The Ninth Respondent filed a submitting notice ORDERS
NSD 1345 of 2019 BETWEEN: EMSON NYONI
Applicant
AND: REGISTRAR MORGAN
First Respondent
CHARLOTTE WALLACE (and others named in the Schedule)
Third Respondent
JUDGE:
BANKS-SMITH J
DATE OF ORDER:
30 APRIL 2020
THE COURT ORDERS THAT:
1.The applicant's interlocutory application filed 14 November 2019 to set aside the order of Katzmann J of this Court made 12 November 2019 be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
BANKS-SMITH J:
These reasons deal with an application by Mr Nyoni to set aside a decision of Katzmann J made 12 November 2019 by which these proceedings were transferred from the New South Wales District Registry of this Court to the Western Australian District Registry.
The parties were last before me on 3 December 2019. The background to this application is addressed in reasons delivered on that day: Nyoni v Morgan [2019] FCA 2039.
Relevantly, on 30 July 2019 Mr Nyoni sought to file a proposed originating application seeking review of matters relating to decisions made by the State Administrative Tribunal of Western Australia (SAT
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- AGLC
- Nyoni v Morgan (No 2) [2020] FCA 568
- Case
- [2020] FCA 568
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the original decision to transfer the proceedings was correct and whether there were grounds to set aside the order under rule 39.05 of the Federal Court Rules 2011. The key issues were whether the claim had a practical connection with New South Wales and whether it had a significant connection with Western Australia. The court also needed to assess if the application raised the same grounds as those considered by the transferring judge.
In dismissing the application, the court found that the claim had no practical connection with New South Wales and had a significant connection with Western Australia. The court held that the application raised the same grounds as those considered by the transferring judge and found no error in the original decision. Consequently, the court dismissed the applicant's interlocutory application to set aside the order transferring the proceedings. The court's decision was based on the analysis of the jurisdictional factors and the procedural history of the case. The final order was that the application filed on 14 November 2019 be dismissed.
Orders
Orders of the court
1. The applicant's interlocutory application filed 14 November 2019 to set aside the order of Katzmann J of this Court made 12 November 2019 be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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