Narain, A.L. v Director of Public Prosecutions & Ors [1987] FCA 104

Judgement nol 4 veo -

IN_THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

CORAM: DATE:

) ) ) No.G409 of 1986 ) )

ON APPEAL from a single judge of the Federal Court of Australia BETWEEN : AMRIT LAL NARAIN

Appellant

AND:

DIRECTOR OF PUBLIC PROSECUTIONS First Respondent BRUCE ADAM CURRIE

Second Respondent

DAVID KITCHENER HYDE Third Respondent AND_BETWEEN : DIRECTOR OF PUBLIC PROSECUTIONS First Cross-Appellant BRUCE ADAM CURRIE Second Cross~Appellant AND:

AMRIT LAL NARAIN

Cross-Respondent

FOX, WILCOX AND JACKSON JJ.

9 FEBRUARY 1987

2.

SUPPLEMENTARY REASONS FOR JUDGMENT

(EX TEMPORE) THE COURT:

In this case the reasons for judgment of the Full Court were delivered this morning and the orders of the Full Court were made then. However, at that time Mr Ainsworth, counsel for the appellant, indicated that he might wish to make an application for a stay of proceedings pending an appeal, or while consideration was given as to whether an appeal should be made to the High Court, In these circumstances when the Registry was approached later in the day members of the Court, being in Sydney, thought it appropriate to reconvene and consider asa Full Court the submissions made by Mr Ainsworth. Essentially, his client wishes more time to consider with his legal advisors whether an appeal should be made to the High Court and for that

purpose he seeks a stay of proceedings of 21 days.

We are of the view that the Court does not have jurisdiction as an appellate Court to make an order for a stay in those circumstances, we add that on the facts of the case, and as we understand what is in mind, it would not exercise any jursidiction even if it were to be of the view that it had it. In these circumstances the present application which, is to now be found in a formal notice of motion filed a short while ago, is