Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY GENERAL DIVISTON
BETWEEN :
Judge making order: Beaumont, J.
Date order made:
Where made:
THE COURT ORDERS THAT:
MINUTES OF ORDER
17 June 1985.
Melbourne
JUDGMENT No. ZcZeLoual of LSM
No. G165 of 1984
ANDRE NOLASCO
Applicant
JENOLAN INVESTMENTS PTY. QGIMITED
First Respondent
ADLEY INVESTMENTS PTY. LIMITED
Second Respondent
a
/repeRAL COUR* OF AUSTRALIA
24 JUL 2003
1. Order that the existing stay be continued up to and
including 25 June 1985.
2. Order that the
costs of this application be the
cross~-claimants' costs in the appeal.
3. Order that the hearing of the appeal be expedited.
4. Fix 9.30 a.m. on Friday, 21 June 1985 for a hearing
for the giving of further
directions in relation to the
appeal.
Note:
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY No. G165 of 1984
Gl DIVISION
BETWEEN : ANDRE_NOLASCO
Applicant
AND: JENOLAN INVESTMENTS PTY. LIMITED First Respondent
ADLEY INVESTMENTS PTY. LIMITED
ce
Second Respondent
CORAM: Beaumont, J.
DATED: 17 June 1985.
REASONS FOR JUDGMENT
Mr. Nolasco has lodged an appeal against the orders made in the principal proceedings. As a result of my upholding the cross-claims, Mr. Nolasco is faced with the prospect of satisfying a verdict against him in an amount in
excess of §1,600,000.00. He has applied for a stay of
proceedings accordingly.
In support of his application, Mr. Nolasco says, and I accept, that while he is conducting a successful business as a builder, he does not hold assets sufficient to
satisfy the cross-claim so that if the appeal fails he will
2.
become bankrupt. Although he does not offer any security to the cross-claimants, Mr. Nolasco and his family company have proferred undertakings to the Court that they will not dispose of any of their assets except in the ordinary course
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