Thomas, Rowland William v Ducret, Alan Raymond & Anor [1983] FCA 115

rie

NS (SD

CATCHWORDS

Fines - non-payment of fines imposed for breaches

of Part V of Trade Practices Act 1974 - orders that

in default of payment respondent serve terms of imprisonment - application for leave to appeal out

of time - application for stay of proceedings and for bail - relevant considerations - Rules of Federal Court

of Australia, Order 52 Rules 15, 17 and 35.

ROWLAND WILLIAM THOMAS v. ALAN RAYMOND DUCRET and anor.

No. G 244 of 1982 Sheppard J.

23 December, 1982 Sydney

No. G 67 of 1983 Sheppard J.

22 April, 1983

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

No. G244 of 1982

) )

NEW SOUTH WALES DISTRICT REGISTRY ) ) No. G67 of 1983 )

GENERAL DIVISION

BETWEEN :

ROWLAND WILLIAM THOMAS Applicant

AND:

ALAN RAYMOND DUCRET and ANOTHER

Respondents

CORAM: SHEPPARD J.

REASONS FOR JUDGMENT

No. G244 of 1982

23 December 1982

Before me are two applications, one an application for leave to appeal out of time, and another for an order that the execution or further execution of certain orders made by the Court be stayed. The facts which provide the essential background of the matter are not without their

complexity.

The applicant was proceeded against by an informant

for breaches of the provisions of s.59(2) of the Trade

Practices Act 1974. The matter was heard by Smithers J. and

judgment delivered on 11 February 1981. Nine charges in all

were involved, and the applicant was fined a total sum of $35,000. His Honour ordered the applicant to pay the fine in each case within twenty-one days after service on him of a notice given by the Registrar under s.106(1)(c)(d) of the Magistrates (Summary Proceedings) Act 1975 (Victoria). His Honour's order in each of the nine cases continued, "Should the defendant default in the payment of such fine the defendant be imprisoned for six months". He then gave directions as to the manner in which the notice might be