Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 82

FEDERAL COURT OF AUSTRALIA

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2003] FCAFC 82

PRACTICE & PROCEDURE – application for stay of orders – where application for special leave to appeal to High Court pending – circumstances in which stay should be granted – whether circumstances in this case are exceptional.

Federal Court of Australia Act 1976 (Cth)

Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No. 1) (1986) 161 CLR 681 followed Edelsten v Ward (No. 2) (1988) 63 ALJR 346 followed Commissioner of Taxation v Myer Emporium (1986) 160 CLR 220 considered Manfal Pty Ltd (in Liq) v Trade Practices Commission (1990) 65 ALJR 256 followed Rahme v Commonwealth Bank (1993) 117 ALR 618 considered

PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L. AND OCEANIC EXPLORATION COMPANY v COMMONWEALTH OF AUSTRALIA, JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA, CONOCOPHILLIPS (91 – 12) PTY LIMITED (FORMERLY KNOWN AS PHILLIPS PETROLEUM (91-12) PTY LIMITED), CONOCOPHILLIPS JPDA PTY LIMITED (FORMERLY KNOWN AS PHILLIPS PETROLEUM COMPANY ZOC PTY LIMITED) AND PHILLIPS PETROLEUM TIMOR SEA PTY LIMITED NO. N 1224 OF 2001 BLACK CJ, BEAUMONT AND HILL JJ 6 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1224 OF 2001

BETWEEN: PETROTIMOR COMPANHIA de PETROLEOS S.A.R.L.

FIRST APPLICANT

OCEANIC EXPLORATION COMPANY

SECOND APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

JOINT AUTHORITY ESTABLISHED PURSUANT TO THE TREATY OF 11 DECEMBER 1989 BETWEEN AUSTRALIA AND INDONESIA

SECOND RESPONDENT

CONOCOPHILLIPS (91 – 12) PTY LIMITED (FORMERLY KNOWN AS PHILLIPS PETROLEUM (91-12) PTY LIMITED)