Baker, R. & Ors v Evans, C. & Ors [1987] FCA 284

CATCHWORDS

PRACTICE - application for stay of execution pending appeal - lack of

stay rendering appeal nugatory - whether any arguable point for appeal.

JUDGMENTS - stay of execution pending appeal.

Richard Edward Baker & Ors. i. wf v. Clyde Evans & Ors. _ og im Qld. G136 of 1986 gs

PINCUS J. BRISBANE 26 MAY 1987

IN _THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G136 of 1986 GENERAL DIVISION ) BETWEEN: RICHARD EDWARD BAKER

PETER ANTHONY HUGHES KEVIN ALLAN MONTGOMERY

First Applicants AND: JOHN COSTELLO KENNETH GORDON RONALD HOPKINS

Second Applicants

AND: CLYDE EVANS First Respondent

AND: CHRISTOPHER ALEXANDER BUTTNER

Second Respondent

AND: STANLEY THOMAS WOODS

Third Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 26 MAY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS:

1. that the first applicants pay one-half of the respondent's costs of and incidental to the proceedings to he taxed, including reserved costs;

2. that the second applicants pay one-half of such costs as mentioned in order (1);

aa,

3.

NOTE:

that the documents seized and held in the registry, under the warrant in issue in the first applicants' case, be delivered forthwith to the Director of Public Prosecutions;

that the documents held in the registry, in respect of the warrants in issue in the second applicants' case, be delivered to the Director of Public Prosecutions on 16 June 1987, unless the following conditions are satisfied:

(a) that the second applicants file and serve a notice of

appeal and prepare and lodge the record in respect of the appeal on or before 15 June 1987;

(b) that the second applicants file and serve on or before 15 June 1987 an undertaking, signed by them personally, not to rely in any further proceedings, criminal or otherwise, relating to the matters in question in the