Oberix Group Pty Ltd v Atkinson

[2021] FCA 1259

FEDERAL COURT OF AUSTRALIA

Oberix Group Pty Ltd v Atkinson [2021] FCA 1259

File number:

WAD 256 of 2020

Judgment of:

JACKSON J

Date of judgment:

14 October 2021

Catchwords:

PRACTICE AND PROCEDURE - application to transfer proceedings from the Western Australian Registry to the Queensland Registry - application made prematurely - relevance of national character of Federal Court of Australia - application dismissed

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 37M, 47A, 47B, 48

Federal Court Rules 2011 (Cth) r 24.13

Cases cited:

Australian Competition and Consumer Commission v Australian Egg Corporation Limited [2014] FCA 1010

Baxendale's Vineyard Pty Ltd v The Geographical Indications Committee [2007] FCA 22; (2007) 156 FCR 444

National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155

Plankton Australia Pty Ltd v Rainstorm Dust Control Pty Ltd [2017] FCA 1616

Division:

General Division

Registry:

Western Australia

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

33

Date of hearing:

14 October 2021

Counsel for the Plaintiff:

Mr NDC Dillon

Solicitor for the Plaintiff:

Sonia Edwards Legal

Counsel for the First Defendant:

Mr LV Amerena

Solicitor for the First Defendant:

Broadley Rees Hogan Lawyers

Counsel for the Second Defendant:

The second defendant did not appear

Solicitor for the Second Defendant:

Creevey Russell Lawyers

ORDERS

WAD 256 of 2020

BETWEEN:

OBERIX GROUP PTY LTD (ACN 058 251 906)

Plaintiff

AND:

BEN ATKINSON

First Defendant

KARL SLADE

Second Defendant

ORDER MADE BY:	JACKSON J
DATE OF ORDER:	14 OCTOBER 2021

THE COURT ORDERS THAT:

1.The first defendant's interlocutory application filed on 9 June 2021 is dismissed.

2.The first defendant must pay the plaintiff's costs of the interlocutory application in any event.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(edited from the transcript)

JACKSON J:

1. The plaintiff, Oberix Group Pty Ltd, commenced this proceeding in the Western Australian registry of this court on 13 November 2020.  By an interlocutory application, the first defendant, Mr Atkinson, seeks the transfer of the proceeding to the Queensland registry of the court.  The second defendant, Mr Slade, supports the application.  Oberix opposes it.

   The proceeding

2. Oberix is in the business of designing, supplying and installing equipment for the automatic operation of various systems in commercial and industrial buildings, including security systems.  The defendants are former employees of Oberix.  The company alleges that they breached various contractual, equitable and statutory duties owed to it.  The alleged breaches are said to have occurred after Mr Slade resigned from his employment with Oberix and went to work for a competitor, Intelligent Building Solutions.  Oberix claims that Mr Slade started providing services to a contractor working on sites at Adelaide Street, Brisbane and Anne Street, Brisbane, where Oberix had supplied and installed building management systems and was performing maintenance and systems troubleshooting work.  It is alleged that Mr Atkinson, who at that time was still an employee of Oberix, gave Mr Slade…