Federal Court of Australia
CATCHWORDS
Practice and procedure ~ motion to stay execution of an order for costs pending review - whether serious issue to be tried - whether in all the circumstances it is fair and just that a
stay should be granted.
Federal Court of Australia Rules; 0.37, 0.52,
Fat-Sel Pty. Ltd. v. Brambles Holdings Ltd. (1985) 61 A.L.R. 536
Sundell v. Queensland Housing Commission (1954) 28 A.L.d. 296
RALKON AGRICULTURAL COMPANY PTY. LIMITED
and
ABORIGINAL DEVELOPMENT COMMISSION and ANOTHER
S.A. No. G 50 of 1981
Northrop J. 15 April 1986
Adelaide
0.62
NN \ oN RECEIVED - 19 MAY 1986]
MEDEHAL COURT OF
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. G 50 of 1981 ) )
GENERAL DIVISION
BETWEEN:
RALKON AGRICULTURAL COMPANY PIY. LIMITED Applicant
and
ABORIGINAL DEVELOPMENT COMMISSION and ANOTHER Respondents
COURT: NORTHROP J.
DATE:
15 APRIL 1986
PLACE: ADELAIDE
MINUTES OF ORDER
THE COURT ORDERS THAT:
i.
Execution of the order for costs made by the District Registrar on 11 April 1986 that the applicant, Ralkon Agricultural Company Pty. Limited, do pay toa the respondent, Aboriginal Development Commission, the sum of §100,579.45 be stayed until the hearing and determination of two of the motions herein, notice of which was given by Ralkon Agricultural Company Pty. Limited on 9 April 1986, or until further today.
Order 1 is conditional upon Ralkon Agricultural Company Pty. Limited wsaying to the Aboriginal Development Commission the sum of $30,000 on account of the order for costs by 4.00 p.m. on Friday, 18 April 1986 with the intent that if that sum is not so paid by that time, order 1 herein lapses.
The casts of the parties on the motion for interlocutory orders be their costs in the motions pending before the
Court.
ee m pe tr wu ba] cl ay iT ci fig wn wr es rt) Lat my ny Lat Tv baa] et
(Settlement and entry of Orders is dealt with in 0.36 of Rules of Court.)
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