EJUEYITSI v Bond University

[2012] FMCA 1262

FEDERAL MAGISTRATES COURT OF AUSTRALIA

EJUEYITSI v BOND UNIVERSITY [2012] FMCA 1262

CONSUMER LAW – Transfer to another registry.

Federal Magistrates Court Rules 2001, r.8.01, 13.10

Applicant: VINCENT B. EJUEYITSI

Respondent: BOND UNIVERSITY

File Number: MLG 111 of 2012

Judgment of: F. Turner FM

Hearing date: 21 March 2012

Date of Last Submission: 21 March 2012

Delivered at: Melbourne

Delivered on: 21 March 2012

REPRESENTATION

The Applicant appeared In Person

Counsel for the Respondent: Mr Condliffe

Solicitors for the Respondent: Bartley Cohen

ORDERS

1. Pursuant to r.8.01 of the Federal Magistrates Court Rules 2001, the proceedings are transferred to the Brisbane Registry of the Federal Magistrates Court to be listed on a date and time to be advised by that Registry.

2. Costs are reserved.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT MELBOURNE

MLG 111 of 2012

VINCENT B. EJUEYITSI

Applicant

And

BOND UNIVERSITY

Respondent

REASONS FOR JUDGMENT

(Delivered Ex tempore & Revised)

1. This is an application for summary dismissal of the proceeding, pursuant to r.13.10 of the Federal Magistrates Court Rules 2001 (“the Rules”). There is also an application by the respondent to transfer the matter to the Brisbane registry of this Court, pursuant to r.8.01. The applicant opposes such a transfer.

2. In considering a transfer the Court must have regard to:

   ·Rule 8.01(2)(a) – the convenience of the parties;

   ·Rule 8.01(2)(b) – the limiting of expense and the cost of the proceeding, and the Court notes that that doesn’t just relate to the parties;

   ·Rule 8.01(2)(c) – whether the matter has been listed for final hearing; and

   ·Rule 8.01(2)(d) – any other relevant matter.

3. Rule 8.01(2)(a) – the applicant states that he lives in Victoria and wishes the matter to proceed here with witnesses from Bond University to appear by video link if necessary. The respondent, on its material, intends to call six witnesses from Queensland and one from Northern New South Wales. The respondent will need to provide legal representation at the hearing and have instructors present. The applicant is self-represented in this matter. The Court finds it will be more convenient for the parties if the matter is transferred to the Brisbane registry of the Court.

4. Rule 8.01(2)(b) – transferring the matter to the Brisbane registry will reduce the cost to the respondent and to the witnesses that will more than offset the costs to the applicant in representing himself in Queensland. It may be that he will seek to conduct his case by video link.

5. Rule 8.01(2)(c) – this is the first time the matter has come before the Court. It is not listed for final hearing.

6. Rule 8.01(2)(d) – there are no other relevant matters.

7. The Court orders than the matter be transferred to the Brisbane Registry of the Court.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of F. Turner FM.

Date:  31 January 2013