Federal Court of Australia
CATCHWORDS
PRACTICE - Application for stay of proceedings - Pending criminal charges raising factual issues similar to those in civil action - Effect on "right of silence" of respondent - Danger of injustice in criminal proceedings - Effect of respondents dilemma upon civil proceedings themselves - Distinction between civil
proceedings and Royal Commission.
Jefferson Limited v Bhetcha (19791 1 WLR 898, Re Saltergate Insurance Company (1980) 4 ACLR 733, Beecee Group Limited v Barton (1980) 5 ACLR 33, McMahon v Gould (1982) 1 ACLR 98,
Hammond v_ Commonwealth of Australia (1982) 56 ALJR 767
CAMERON'S UNIT SERVICES PTY LIMITED V KEVIN R WHELPTON AND ASSOCIATES (AUSTRALIA) PTY LIMITED AND ANOR - G.276 OF 1984
WILCOX J 19 DECEMBER 1984 SYDNEY
IN ERAL COURT OF AUS IA
NEW SQUTH WALES DISTRICT REGISTRY G IVISION
No. G.276 of 1984
BETWEEN ; CAMERON'S UNIT SERVICES PTY LIMITED Applicant AND: KEVIN R_WHELPTON AND
ASSOCIATES (AUSTRALIA) PTY LIMITED AND ANOTHER
Respondents ORDERS CORAM: WILCOX J DATE: 19 DECEMBER 1984 PLACE: SYDNEY THE COURT ORDERS THAT: 1. The application for a stay of proceedings be refused. 2. The respondents in the principal proceedings, applicants
upon the Notice of Motion, pay the costs of the applicants in the
principal proceedings of the Notice of Motion.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.276 of 1984
GENERAL DIVISION
BETWEEN : CAMERON'S UNIT SERVICES PTY LIMITED Applicant AND: KEVIN R_WHELPTON AND
ASSOCIATES (AUSTRALIA) PTY
LIMITED AND ANOR
Respondents
EXTEMPORE JUDGEMENT
CORAM: WILCOX J DATE: 19 DECEMBER 1984 PLACE: SYDNEY
This is an application made by Notice of Motion dated 23 November 1984 whereby the respondents in the principal proceedings seek the vacation of orders made by me on 19 October 1984 in connection with the use of affidavit evidence and for an order staying any further steps in the proceedings until certain
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