Federal Court of Australia
JUDGMENT Wo. oct! 7 AY
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Ne F DISTR IN
FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No NB 5251 of 1992
GENERAL DIVISION
RE: NOEL MICHAEL LATTOUF and LENA THERESE LATTOUF
CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 22 NOVEMBER 1994 FEDERAL COURT « AUSTRALIA IN R_ JUDGMENT ny HIS HONOUR: This matter comes before me for directions
following a special case that has been determined by the Full Court of this court on 16 September 1994. In the course of that determination the Full Court answered the following question: Did the Federal Court have power to grant the application under section 60(1)(b) of the Bankruptcy Act 1966 (Commonwealth)? Answer: Yes. The Full Court also ordered that the matter be
remitted to a judge of this court.
Mr Katz, who has appeared today on behalf of the Director of Public Prosecutions, has helpfully provided an outline of relevant facts. I will incorporate that outline in this judgment
as it conveniently sets out the course of the proceedings. On 4 February 1992 Mr Lattouf was convicted in the District Court at Parramatta of an offence against s 125 of the Crimes Act 1900 (NSW) (larceny by a bailee). Also on that day, the Court, acting s.558 of that Act, deferred passing sentence on Mr Lattouf in respect of that conviction upon
his entering into a conditional recognizance.
On 13 August 1992 Mr Lattouf was called up before the District Court for breach of one of the conditions of his recognizance, the matter being returnable on 16 October 1992. The matter was stood over on that day and on a number of subsequent days and had not been heard on its
merits as of 20 April 1993.
On 20 April 1993 Sheppard J. made on Mr Lattouf's application an order staying in part the proceedings referred to above. That order was based on an affidavit sworn by Mr Lattouf (dated 16 March 1993) and on things said in Court by Mr Lattouf's counsel. Neither Mr Lattouf's stay application nor his affidavit had been served on the DPP (NSW), nor did the DPP (NSW) appear at
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