Federal Court of Australia
JUDGMENT No, 20>7sS—>
LIMITED CIRCULATION
CATCHWORDS
PRACTICE AND PROCEDURE - Motion for extension of stay of proceedings and for leave to appeal - whether orders subject
of application for leave to appeal were final orders.
Federal Court of Australia Act 1976: s. 24(1A)
SCAREL PTY. LIMITED v. CITY LOAN & CREDIT CORPORATION PTY. LIMITED
G513 of 1986
IAN FRANCIS YATES v. CITY LOAN & CREDIT CORPORATION PTY. LIMITED
G277 of 1987
IAN FRANCIS YATES v. CITY LOAN & CREDIT CORPORATION PTY. LIMITED
B371 of 1987
LOCKHART, SHEPPARD and MORLING JJ.
SYDNEY
17 FEBRUARY 1988
co NEW SO GENERAL DIVISION COURT: DATE: PLACE:
LIMITED CIRCULATION
B
é
No.
EL PTY. GIMITED
CITY LOAN & CREDIT CORPO
LIMITED
No.
G513 of 1986 Applicant
ION PTY. Respondent
G277 of 19
IAN FRANCIS YATES
Applicant
CITY LOAN & CREDIT CORPORATION PTY.
LIMITED
I. FRANC
No.
Respondent
B371 of 1987
YATES
Debtor
CITY LOAN & CREDIT CORPORATION PTY.
LIMITED
Creditor
Lockhart, Sheppard and Morling JJ.
17 February 1988
Sydney
MINUTE OF ORDER
THE COURT ORDERS THAT:
The order made by this Court on 11 December 1987 dismissing proceeding G513 of 1986 and the order as to costs made on that date be stayed until the determination of the appeal from the judgment of Gummow J. of 10 February 1988 in
proceedings G513 of 1986, G277 of 1987 and B371 of 1987 or
until further order of the Court;
The hearing of the appeal from the judgment of Gummow J. of
10 February 1988 be expedited; and
Costs of the motion shall be costs in the appeal.
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
REASONS FOR JUDGMENT
THE COURT
The Court has before it a motion by Ian Francis Yates in
proceeding G513 of 1986 to which the parties are Scarel Pty. Limited
("Scarel") as applicant and City Loan & Credit Corporation Pty. Limited ("City Loan") as respondent. Mr. Yates is not a party to that proceeding. Mr. Yates seeks two orders in his motion: first, that a stay of proceedings granted by a single Judge of this Court (Gummow J.) on 11 December 1987 be extended until the determination of the substantive motion for leave to appeal which is before us today. The second order sought by Mr. Yates is an order that leave be granted to appeal from the judgment of Gummow J. given on 10 February 1988 in
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