Federal Court of Australia
JUDGMENT No. sume Cul ccd ton CATCHWORDS
CONTEMPT - Person in contempt of court not entitled to make application to court to stay final judgment under O 10 x 7(1)(b) pending his appeal against that judgment, his contempt not having been purged.
Federal Court Rules - 0 10 r 7(1)(b), 0 40 r 12
Australian Securities Commission v Macleod (No. 3) (1993) 40 F.C.R. 475 Referred to
Hadkinson v Hadkinson [1952] P. 285 Considered
Permewan Wright Consolidated Pty. Limited v Attorney-General of New South Wales (unreported, New South Wales Court of Appeal, 11 December 1978) Considered
Short v Short (1973) 22 F.L.R. 320 Considered
Woollahra Municipal Council
v Shahani (1990) 69 L.G.R.A. 435 Considered
& Ltd. v Morgan-Grampian (Publishers) Ltd. [1991] 1 A.c. 1 Considered
Young v Jackman (1987) 7 N.S.W.L.R. 97 Referred to
Australi , iti Commissi v Robert James Macleod & Ors. QG 3011 of 1992
29 NOV 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY va y
IN EDE. RT TRALIA ) No. QG 3011 of 1992
E RICT REGISTRY ) GENERAL DIVISION )
IN THE MATTER OF ROBERT JAMES MACLEOD AND OTHERS
AUST. ECURITIE MMISSION
Applicant Ri LEQD
First Respondent
TRAINEX PTY. LTD. A.C.N. 001506332
Second Respondent
STARLIGHT FILM STUDIOS LTD. A.C.N. 051750442
Third Respondent
STARLIGHT PICTURES PTY. LTD. A.C.N. 055168128
Fourth Respondent
NERS PTY. LTD. A.C.N. 055168155
Fifth Respondent
Tr. F ER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 23 November, 1994 WHERE MADE: Brisbane T ORDER T: 1. The Court refuses to hear the application by the
first respondent to stay the orders made on 17 November, 1994 and 22 November, 1994 until the first respondent has purged his contempt.
The first respondent pay the applicant's costs of the application of today and yesterday to be taxed,
to be paid by the receivers out of the assets of the respondents.
Settlement and entry of orders is dealt with in Order 36 of the Federa) Court Rules.
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