National Australia Bank Limited v Norman [2009] FCAFC 13

FEDERAL COURT OF AUSTRALIA

National Australia Bank Limited v Norman [2009] FCAFC 13

PRACTICE AND PROCEDURE – application for leave to appeal – application for stay – interlocutory order refusing to stay orders for the examination of officers and production of documents of the first applicant pending determination of application for leave to appeal from or alternatively to set aside orders winding up a managed investment scheme pursuant to s 601EE of the Corporations Act 2001 (Cth) – applicant was not a party in originating proceeding – primary judge did not publish reasons – application heard by Full Court pursuant to O 52 r 10 of the Federal Court Rules – whether applicants had rights that needed to be considered – discussion of test on an application for leave to appeal from an interlocutory judgment – not established that primary judge erred in exercise of his discretion – open to the primary judge to find that cost and inconvenience suffered by the applicants outweighed by prejudice suffered by respondents if leave granted or orders made – applications dismissed Bankrupty Act 1966 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court (Corporations) Rules 2000 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Gerah Imports v Duke Group (1993) 61 SASR 557cited House v R (1936) 55 CLR 499 referred to Jennings Construction Limited v Burgundy Royale Investments Proprietary Limited (1986) 161 CLR 681 cited Norman, in the matter of The Executors and Trustees of the Deceased Estate of McFarlane v McFarlane [2009] FCA 14 cited Paringa Mining & Exploration Co PLC v North Flinders Mines Ltd (No 2) (1988) 81 ALR 609 cited Reid v Nairn (1985) 60 ALR 419 cited Shapawloff v Stirling Henry (1972) 2 NSWLR 691 cited Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 cited