Sewell, Roger v National Australia Bank Ltd
[1994] FCA 1104
•16 Dec 1994
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IN THE FEDERAL COURT OF AUSTRALIA )
1
HEW SOUTH WALES DISTRICT REGISTRY )
No. NG 727 of 1994
)
GENERAL DIVISION
)
BETWEEN:
ROGER SEWELL
Applicant
AND :
NATIONAL AUSTRALIA BANK
LIMITED & ORS
Respondents
16 DECEMBER 1994
REASONS FOR JUDGMRm
LOCKHART J.
This matter was listed in this Court on 26 October 1994 and the application and statement of claim assert a number of causes of action, a claim in defamation, a claim for wrongful dismissal from employment and claims under both S 52 of the
Trade P r a c t i c e s A c t (Cth) and S 42 of the F a i r Trading A c t
(NSW). Having read the pleadings and having read the affidavit of Sandra Catherine Dobello of 9 December 1994, I am of the view that this matter is essentially one that is appropriate for a State court to hear. It is true that it has a federal element but that is, it seems to me, not the essential nature of the case.
Indeed the cause of action in defamation is plainly at the forefront of the proceeding and the Supreme Court of New South Wales is a court which has developed its own expertise in that area and encourages cases of that kind to be heard in
that Court. Whether the matter is transferred under s 86A of the Trade P r a c t i c e s A c t 1974 or under the cross-vesting scheme perhaps does not matter. I think the more appropriate vehicle is S 86A of the Trade P r a c t i c e s A c t . I am satisfied of the requisite matters to which that section is directed (in particular S 86A(2)(b)). Accordingly, the matter is transferred to the Supreme Court of New South Wales.
I certify that this and the preceding one (1) pages are a true copy of the reasons for judgment herein of the Honourable Justice Lockhart.
| Dated: 16 Dece | 1994 |
| Counsel for the Applicant | Mr Gray | |||
| Solicitors for the Applicant : | Sly & Weigall | |||
| Counsel for the Respondent | Mr Cross | |||
| Solicitors for the Respondent : |
| |||
| Hedderwicks | ||||
| Date of Hearing | 16 December 1994 | |||
| Date of Judgment | 16 December 1994 |
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