Nyoni v Morgan (No 2)

[2020] FCA 568

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

Nyoni v Morgan [2019] FCA 2039

Nyoni v Pharmacy Board of Australia [2018] FCA 1707

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:

1. 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.

2. 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.

3. 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