Cameron's Unit Services Pty Ltd v Kevin R. Whelpton & Associates (Aust) Pty Ltd [1986] FCA 679

JUDGMENT No. 2.2, 2emmal K288,

LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. 345 of 1986

GENERAL DIVISION

BETWEEN:

CAMERON'S UNIT SERVICES PTY LIMITED and DONALD ALISTAIR CAMERON

Applicants

KEVIN R. WHELPTON & ASSOCIATES (AUST. ) PTY LIMITED and KEVIN RICHARD WHELPTON

Respondents

EX-TEMPORE REASONS FOR JUDGMENT

BURCHETT J.

In this matter, the respondents seek an order that the proceedings be stayed pending final determination of an application for an order of review in proceedings No. G.535 of

1986. The review proceedings relate to a grant of legal aid to

the applicants under s.170 of the Trade Practices Act 1974.

The matter has a long history, which I have already discussed in the judgment which I delivered on 24 September last,

upon a previous application for a stay, and for security for

2.

_costs. In that application, the stay was sought on grounds that related to outstanding costs of earlier proceedings, and as I

have said, there was an application for security for costs.

I dismissed those applications, and a direction was given fixing a date for filing of the respondents' statement of defence. That direction has not been complied with, but instead, the present motion has been taken out, and on 20 November, the application referred to in the motion - that is, an application

under the Administrative Decisions (Judicial Review) Act 1977 -

was filed, relating to the decision of the Attorney-General under s.170. The applicants are not parties to that separate

proceeding.

In my previous judgment, to which I have referred, I mentioned that legal aid had been sought a considerable time ago, and had been rejected, though the possibility of aid under s.170 had been held out. That aid was eventually granted on 13 November 1985, though 'then subject to conditions. There was a change of solicitor for the applicants, and apparently the