Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Griffin v Pantzer [2004] FCAFC 133
PRACTICE AND PROCEDURE – Stay pending application for special leave to the High Court. DAVID JAMES GRIFFIN v WARREN PANTZER (AS TRUSTEE OF THE BANKRUPT ESTATE OF DAVID JAMES GRIFFIN) N 822 of 2003 RYAN, HEEREY & ALLSOP JJ 18 MAY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 822 of 2003
On Appeal from a Single Judge of the Federal Court of Australia
BETWEEN: DAVID JAMES GRIFFIN
APPELLANT
AND: WARREN PANTZER
(AS TRUSTEE OF THE ESTATE OF DAVID JAMES GRIFFIN)
RESPONDENT
JUDGES: RYAN, HEEREY & ALLSOP JJ
DATE OF ORDER: 18 MAY 2004
WHERE MADE: SYDNEY
Upon the undertaking of David James Griffin to the Court through his counsel to pursue any application for special leave with all reasonable expedition and as soon as reasonably practicable to file an application for expedition and to preserve and maintain the privileged documents marked for identification 3.1A, 3.2A, 3.3A and 3.4A in the control of his solicitor Mr John Frederick Stuart North of North & Badgery at its Sydney Office; and Upon the undertaking of John Frederick StUARt North to the Court to continue to preserve and maintain the privileged documents at his office in Sydney irrespective of any instructions to the contrary until the determination of the application for special leave and if special leave be granted the determination of the appeal and to deliver the privileged documents immediately to the respondent if the application for special leave be dismissed or if any appeal to the High Court of Australia be dismissed.
THE COURT ORDERS THAT:
1. Until midnight on 10 June 2004 Order 3 made by the Court on 23 June 2003 be stayed. 2. The parties have liberty to apply on two days' notice. 3. The parties have liberty to approach Allsop J, in the first instance, in respect of any matter concerning the stay including its variation, discharge or extension. 4. Costs of the application for a stay be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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