Wall v SBA Foods Pty Ltd

FEDERAL COURT OF AUSTRALIA

Wall v SBA Foods Pty Ltd [1999] FCA 1831

PRACTICE AND PROCEDURE – Transfer of proceedings to County Court of Victoria on Court’s own motion – Factors relevant to determining where the interests of justice lie – Trade Practices Act 1974 (Cth), s 86A

Trade Practices Act 1974, s 86A
Jurisdiction of Courts (Cross-Vesting) Act 1987
County Court Act 1958

Re Wakim; Ex Parte McNally (1999) 163 ALR 270
Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 66 FCR 511
Crandell v. Servier Laboratories (Aust) Pty Ltd [1999] FCA 1461 (unreported, Federal Court of Australia, 25 October 1999)
Hollis v A.B.E. Copiers Pty Ltd (1979) 41 FLR 141
Overall v. Permanent Trustee Company Ltd [1999] FCA 1385 (unreported, Federal Court of Australia, 29 September 1999);
David Strike v. Dive Queensland Incorporated & Ors (1998) ATPR 41-605

ANDREW WALL v SBA FOODS PTY LTD (ACN 005 082 082)
V 566 of 1999

RYAN J
MELBOURNE
23 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 566 of 1999

BETWEEN:	ANDREW WALL Applicant
AND:	SBA FOODS PTY LTD (ACN 005 082 082) Respondent
JUDGE:	RYAN J.
DATE OF ORDER:	23 DECEMBER 1999
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to s 86A of the Trade Practices Act 1974 (Cth), the matters for determination in Federal Court proceedings V566 of 1999 be transferred to the County Court of Victoria;

2.        The costs of both parties in this Court be costs in the cause as so transferred.

Note:     Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 566 of 1999

BETWEEN:	ANDREW WALL Applicant
AND:	SBA FOODS PTY LTD (ACN 005 082 082) Respondent

JUDGE:	RYAN J.
DATE:	23 DECEMBER 1999
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. At a directions hearing in this matter held on 22 October 1999, I directed the parties to deliver written submissions as to why the application should not be transferred to another court.

2. The applicant, Mr Wall, has applied to this Court claiming relief arising out of the termination of his employment by the respondent SBA Foods Pty Ltd (“SBA”).  The statement of claim alleges contraventions of various provisions of the Trade Practices Act 1974 (“the TPA claims”), and breaches of a contract of employment (“the Contract claims”) between Mr Wall and SBA.

3. The applicant alleges that his contract of employment with SBA included terms and conditions said to arise from representations made to the applicant shortly before 23 October 1996. He commenced employment with SBA on or about 2 January 1997, and asserts that his employment was terminated allegedly for reasons of redundancy on 31 July 1999. It is further pleaded that SBA contravened ss 52 and 53B of the TPA by its conduct in making the same representations which are relied on as constituting terms of the contract of employment.

4. The amount which the applicant claims as damages for…